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从证据交换制度的理论源起和发展动向看,证据交换制度与对抗制之间实际上构成了合作与对抗的悖论关系,而证据交换的发展是以对抗制的弱化为条件的。因此,要完善我国的证据交换制度,关键是要走出将对抗制作为证据交换制度建设的前提条件这一误区,从而建构起真正符合我国国情的程序制度。
From the theoretical origin and development trend of evidence exchange system, evidence exchange system and adversarial system actually form the paradox of cooperation and confrontation, and the development of evidence exchange is conditioned by the weakening of adversarial system. Therefore, to improve the evidence exchange system in our country, the key is to go beyond the misunderstanding that the adversarial system should be the precondition for the construction of the system of exchange of evidence so as to construct a procedural system that truly meets the conditions of our country.