關鍵字：保障程序、公務人員保障暨培訓委員會、美國功績制保護委員會、證據能力、證據排除法則、毒樹果實理論 ;The exclusionary rule on the code of criminal procedure means that some evidence is obtained illegally, against voluntary confession or other causes and therefore considered evidence inadmissible and should not be used as a reference for the court for the balanced protection of order of law. The rule is established for the pursuit of procedural justice and the protection of human rights, and it should not only limit in the criminal procedure. The dissertation starts with the system of protection procedures of civil servants and tries to clarify what rule of evidence should be adapted in protection procedures by comparing the Civil Service Protection and Training Commission of Taiwan with Merit Systems Protection Board of the United States. The dissertation also compares the judicial opinions of Taiwan with those of the United States from the perspective of the protection of human rights, researching that whether it is needed and suitable for Taiwan to adapt the exclusionary rule into the protection procedures and other related theories. Finally, the author drew a conclusion and made relevant legislative proposals hoping that the judicial practice will increase emphasis on this issue and it is also helpful for the procedure protection. The dissertation also hopes that the protection procedures of civil servants will be improved suitably by adjusting to the changes with the times and the development of strategies from the government letting civil servants be encouraged, willing to shoulder responsibility and enhance the administrative efficiency.
Keywords: protection procedures of civil servants, Civil Service Protection and Training Commission, Merit Systems Protection Board, the admissibility of the evidence, the exclusionary rule, fruit of the poisonous tree
