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司法解释中规定的证据交换制度是对行政诉讼制度的有益补充。效仿民事诉讼中的证据交换难以在行政诉讼中发挥功效。结合行政诉讼立法目的,证据交换制度只适用于第一审程序,其他程序不宜适用;证据交换应由法院依职权启动,书记员充当证据交换的主持人;证据交换是行政诉讼中产生法律效力的行为,在法定时限内进行并对开庭审理中事实认定产生作用。
The system of evidence exchange stipulated in judicial interpretation is a useful supplement to the administrative litigation system. Evidence exchange in civil litigation is difficult to be effective in administrative litigation. In light of the legislative purpose of administrative litigation, the system of evidence exchange is only applicable to the procedure of first instance. Other procedures should not be applied. The exchange of evidence should be started by the court according to its functions and powers. The clerk serves as the host of evidence exchange. Evidence exchange has legal effect in administrative litigation Conduct within the statutory time limit and play a role in the factual determination of the trial.