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Exclusionary Rules of an Administration Illegal Evidence Research

Author: JinFeng
Tutor: ZhaoYinCui;ZhangShuangXi
School: Shanxi University
Course: Legal
Keywords: Administrative Illegal Evidence Exclusionary Rule Fishing law enforcement Administrative enforcement
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 62
Quote: 0
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Abstract


As the saying goes , \For evidence , how to identify the legality of evidence , whether the evidence should be excluded as illegal , and judgment in identifying whether the evidence can be taken when it is critical . In the field of criminal forensics there are a lot of illegal acts , violations of the legitimate rights and interests of the parties , therefore , the exclusionary rule came into being. In the field of administrative law , the exercise of public power to the people involved in all aspects of life , if not strictly limited and regulated , it makes people more vulnerable to violations of the legitimate rights and interests . In administrative areas established exclusionary rule is the inevitable choice of history , I believe that the establishment of the Administrative Procedure Act , and the Administrative Procedure Act specifically provides that the Chief exclusionary rule is more reasonable . Administrative Procedure Act has caused the delay in the introduction of academic attention , most scholars believe that China should establish the Administrative Procedure Act , and deal with administrative exclusionary rule necessary and reasonable regulation, which the executive administration according to law , improve administrative efficiency has an important positive role. However, to improve our administrative exclusionary rule , not only from within the legislative , administrative and law enforcement agencies and it needs the efforts of the judiciary . In practice, the administrative law enforcement agencies and the judiciary , there are many problems , which give evidence of illegal administrative difficulties arising in the application . Therefore, this article 's writing mainly from the legislative , executive and judicial view of the problems arise in the course , some of the ideas put forward their own , in order to get feedback effect , thereby promoting administration according to law and judicial administrative organs fair administration of justice , to provide administrative exclusionary rule a good living space.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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