《最高人民法院关于行政诉讼证据若干问题的规定》对行政非法证据排除规则作了具体解释,公安机关在行政执法实践中必须遵循这些规定,以确保一旦进入行政诉讼程序,公安机关的取证行为和所获取的证据材料能合乎法院的要求,成为认定案件事实的根据,从而对依此证据材料作出的具体行政行为的合法性做出肯定的评判。另外,公安行政执法实践中对于“毒树之果”、瑕疵证据、紧急或特殊情况下基于维护公共利益而获取的证据是否可以作为定案依据,也是一个亟待解决的问题。 The Provisions of the Supreme People’s Court on Several Issues Concerning the Evidence in Administrative Proceedings specifically explain the exclusionary rules of administrative illegality, and the public security organs must follow these provisions in the administrative enforcement of law to ensure that once they enter the administrative proceedings, the public security organs’ The evidence obtained can meet the requirements of the court and become the basis of the facts of the case, so as to make a positive judgment on the legitimacy of the specific administrative act that is made on the basis of such evidence. In addition, the practice of public security administrative enforcement of “poisonous fruit”, evidence of defects, emergency or special circumstances based on the protection of the public interest can be obtained as proof evidence is also a problem to be solved.