On The Application Of Exclusionary Rule Of Illegal Evidence In Administrative Litigation

This article examines the specific activities of the third-level courts of Guangdong Province in the application of illegal evidence exclusion rules in administrative litigation between January 2013 and December 2017,and analyzes the main problems existing in the application of illegal evidence exclusion rules in the administrative litigation of Guangdong Provincial Courts.The author proposes to first define the definition of illegal evidence in administrative litigation and to distinguish between slight defective evidence and illegal evidence;secondly,to grant administrative organs the power to exclude illegal evidence in the administrative litigation,increase the number of pretrial hearings for illegal evidence,and reasonably distribute the burden of proof and proof standards to improve the effect of the illegal evidence exclusion rules.This article takes the empirical analysis as a method,using the case library of Peking University as a tool to help us find out the problem of illegal evidence removal in administrative litigation in judicial practice,and provide reference for promoting the administrative organs and the judicial authorities to better carry out administrative lawsuits.