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Administrative procedures of the exclusionary rule

Author: XuLei
Tutor: ZhangZhiYuan
School: Suzhou University
Course: Legal
Keywords: Administrative procedures Illegal evidence Exclusionary Rule
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 140
Quote: 0
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Abstract


Evidence indicates that a close relationship with the proceedings : the role of the evidence leaves any compact proceedings all will become meaningless. As an indispensable part of the proceedings as a whole - in administrative procedures is also evidence of the role it should play functionality . Based on the principle of administrative legality , legitimacy evidence requirements and protection of human rights , procedural justice requirements, administrative procedures should be established exclusionary rule . But the reality of the decision of the administrative procedures for the adoption of this rule can not be too harsh . Administrative procedures to obtain evidence and whether the decision can be used as a basis for long-term problems of administrative law provides for a statutory procedure and evidence collection methods , but the illegal evidence exclusion provisions unclear. Through the illegal evidence exclusion theory and administrative practice appearing in the form of a variety of illegal collection of evidence analysis, we can clearly China's relevant judicial interpretations and administrative regulations established by the exclusionary rule is indeed the contents of the review , reconstruction is necessary. This paper analyzes the existing administrative procedures exclusionary rule status and defects on how to improve our administrative procedures exclusionary rule proposed some specific measures.

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