Research on the Exclusion Rule of Illegal Evidence in Administrative Litigation
With the continuous development of administrative management, illegal evi-dence collection in administrative law enforcement has led to an increasing number of infringement cases, intensifying conflicts between administrative counterparts and law enforcement personnel, which runs counter to the con-cept of administration according to law. Administrative litigation involves the people's court examining the legality of administrative acts by taking the evi-dence of specific administrative acts as a clue. Whether evidence should be ex-cluded as illegal directly affects the trial result, making this rule crucial in ad-ministrative litigation. Improving this rule is conducive to realizing the princi-ple of respecting and protecting human rights and promoting procedural justice. The exclusion rule of illegal evidence itself contains important proce-dural val-ues, prompting administrative organs to act more fairly in accordance with the law, enhancing law enforcement efficiency, and enabling judicial or-gans to re-solve disputes more effectively. This paper comprehensively analyzes the concept and value of the exclusion rule of illegal evidence in administrative litigation, elaborates on its manifesta-tions, and compares it with exclusion rules in other procedural laws to identify advantages and loopholes. Through analyzing numerous cases on China Judg-ments Online, it reveals that although the rule has constitutional and legal sup-port, legislative ambiguities and lack of operability lead to practical issues. The paper proposes solutions from substan-tive and procedural perspectives to refine measures, promote the scientific de-velopment of the system, and contribute to the improvement of the rule of law.
Authors
- Jiao Hu
Institutions
- Anhui University of Finance and Economics (CN)
Publication Details
- Journal
- Law and Humanities
- Published
- 2025-07-05
- DOI
- https://doi.org/10.63313/lh.9026
- Primary Topic
- Medical Research and Treatments
- Type
- article
- Field-Weighted Citation Impact
- 0.00