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The Applicable of Illegal Evidence Rule for Administrative Litigation

Author: BaoZuo
Tutor: LiLiYan
School: Nanjing University of Aeronautics and Astronautics
Course: Constitutional and Administrative Law
Keywords: Administrative proceedings Illegal evidence Exclusion rules Operating principles Limited application
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 109
Quote: 0
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Abstract


Illegal evidence exclusion rules derived from the criminal field , but the problem of illegal evidence is not confined to the field of criminal proceedings , in the field of administrative proceedings , administrative organs illegally forensics abound . Administrative organs of public authority in the absence of the necessary rules restricting the circumstances , it will also brazenly erosion space of the private rights of citizens . Therefore , in the administrative proceedings to establish illegal evidence exclusion rules are also a problem can not be avoided . Administrative proceedings illegal evidence exclusion rules to its establishment as an important administrative procedures and proceedings of the rules of evidence , is of great significance to improve the administrative litigation system and the system of administrative evidence . In this paper, the basic concept of the rule to exclude illegally obtained evidence from the administrative proceedings , the analysis of administrative proceedings illegal evidence exclusion rules connotation , pointed out that the rules established for the purpose and value of starting to establish administrative proceedings illegal evidence exclusion rules should exclude illegally obtained evidence from the administrative proceedings . Legislative status quo and obstacle factors of Chinese administrative proceedings illegal evidence exclusion rules , the same criminal proceedings through administrative litigation illegal evidence exclusion rules , Comparative Review of the civil action illegal evidence exclusion rule on illegally obtained evidence in administrative proceedings the exclusionary rule should be limited applicable . And in accordance with national conditions and practical needs in to build administrative proceedings within the field of administrative proceedings illegal evidence exclusion rules , and specifically discusses the illegal evidence exclusion principle under the exclusionary rule , the exception to the rule , and defective repair rules designed to protect the administrative proceedings illegal evidence exclude the system of rules to effectively run the program .

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