Research on the Exclusion Rule of Illegal Evidence in Administrative Litigation

Abstract

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 procedural val-ues, prompting administrative organs to act more fairly in accordance with the law, enhancing law enforcement efficiency, and enabling judicial organs 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 substantive and procedural perspectives to refine measures, promote the scientific development of the system, and contribute to the improvement of the rule of law.