试论行政程序中的非法证据排除规则

On the Rules of Excluding Unlawful Evidence in Administrative Procedure

基于行政合法性原则、证据合法性要求和人权保障、程序正义要求 ,行政程序中应当确立非法证据排除规则。但我国现实情况决定了行政程序采纳这一规则不能过于严酷。我国相关司法解释和行政规章所确立的非法证据排除规则的内容实有检讨。

The rules of excluding unlawful evidence should be introduced into the administrative procedure, basing on the requirements of the principle of lawful administration, lawful evidence, safeguarding human rights and procedural justice However, this rule should not be too restrictive in light of China's reality A reconsideration of current judicial interpretations and administrative regulations concerning this rule is very necessary