论行政诉讼非法证据排除规则的适用与完善宪法学与行政法学专业论文.docxVIP

论行 论行政诉讼非法证据排除规则的适用与完善 西南 西南政法大学硕士学位论文 1 1 2 2 Abstract Evidence is the core surrounded by the proceeding activity, as well as the key issue of the litigation. The administrative litigation is an activity that the court reviews the specific administrative act of an agency is legal or not, while the judgment is according to the evidence by the agency to perform relevant specific administrative act. Whether the evidence could be adopted lead to the different final result directly, so the exclusionary rule of illegal evidence has a pivotal position in the administrative litigation. Although the exclusionary rule of illegal evidence originated in criminal litigation, administrative litigation has its own particularity, instead of complying with relevant provisions of the criminal procedure, it needs to combine their own characteristics in institutional reform. The cases that illegal collection of evidences by administrative organs infringing on lawful rights and interests of administrative counterpart happen frequently, and it makes the conflict more prominent between administrative subject and counterpart, however, it does not conform to the requirements of administration according to law. Administrative power has to regulate on the system of rules, otherwise it will infringe the citizens private right space unscrupulously. On account of not establishing a unified administrative procedural law in our country yet, this kind of infringement is difficult to accurately define and find punishment basis, so that the illegal collection of evidences by administrative organs can not get effective containment. Therefore, it is an unavoidable question to establish a sound system about exclusionary rule of illegal evidence in administrative litigation, and it is helpful to strengthen the protection of civil rights and restricting the wanton of public power. But it is still few and not perfect about the provisions of exclusionary rule of illegal evidence in our countrys administrat