Research On The Rule Of Exclusion Of Illegal Evidences For Administrative Litigation

The issue of evidence has always been the core of litigation and procedural issues.The exclusionary rule of illegal evidence is the hot spot and difficulty in the research of evidence theory.The illegal evidence exclusion rule in administrative litigation regulates and screens litigation evidence in practice and restricts and supervises the public Power contains many values such as ascertaining the truth,safeguarding human rights,procedural justice,and revealing the authority of the law.The rule of exclusion of illegal evidence first originated in the United States.As a rule in the field of criminal justice,it was mainly used as a trial rule in criminal lawsuits.It was established through a series of precedents.It is the promotion of the spirit of human rights protection stipulated in the Constitutional Bill of Rights in the United States..With the development of human rights protection and the concept of public power restriction,the application of this rule to the field of administrative litigation is an inevitable trend.Although there are some rules on the exclusion of illegal evidence in the administrative field in China,most of the research on this rule is still concentrated in the criminal field and the research results are also quite significant.Therefore,compared to the effectiveness of the criminal field,the illegal evidence exclusion rule in administrative litigation The application and development still have a long way to go.We know that the realization of any rule requires a scientific and rigorous system.There are constitutional and legal basis for the exclusion rule of illegal evidence in administrative litigation in China,and there are relevant laws as a support.However,generally speaking,the current rules for excluding illegal evidence in administrative litigation in China are too vague and simple at the legislative level,and they are not systematic.Poor ability,there are also problems in the application of justice,and the definition of illegal evidence is still theoretically controversial,there is no system of clear institutional rules,and can not properly play the theoretical value of the rule.According to our country’s actual situation,we have reached a consensus on the necessity and value of the rule of exclusion of illegal evidence in administrative litigation,but there are also controversial aspects.Although the legal text contains relevant provisions of illegal lawsuits in administrative litigation,it is also applicable to several types of illegal evidence.Several kinds are listed,but the application effect in practice is not good.Therefore,the rule of illegal evidence exclusion is intended to be better applied in the field of administrative litigation in China.It is still necessaryfor our legal workers to work together to draw lessons from the advances in the rules for the exclusion of illegal evidence in foreign administrative litigation,and to refer to the criminal and civil spheres at home and abroad.The merits of the rule of exclusion of illegal evidence,combined with the actual situation in our country,continue to refine the relevant legal provisions of the illegal evidence exclusion rule in administrative litigation in China,prompting the illegal evidence rules and litigation system to continue to become scientific and maturing.The purpose of this article is also to hope to systematically sort out the development history of the rule.After consulting a large number of literature works,combined with research practice,under the guidance of dialectical materialism,comprehensively use comparative analysis,normative analysis,and supplemented by case studies.Laws and other appropriate research methods,to carry out research,can have a certain degree of understanding of the rules for the exclusion of illegal evidence in administrative litigation,and on the basis of clarifying the connotation of illegal evidence,find problems in the exclusion rules of illegal lawsuits in administrative litigation,and expect that On the basis of the existing research theories,the academic community can put forward appropriate and feasible suggestions or opinions in order to explore the system in a more in-depth and detailed perspective,so as to provide some operative references for the improvement of the rules for the elimination of illegal evidence in administrative litigation ideas.