按照我国现行的行政法律,人民法院对于行政机关作出具体行政行为之后才出现的新事实、新证据,除法定情形外,原则上不纳入评价具体行政行为合法性的审查体系。这一做法在很大程度上体现了行政法理论上的“案卷排他性”原则。虽然这一原则在学理上被奉为圭臬,但在商 In accordance with the current administrative law of our country, the new facts and new evidences that appear after the people’s courts have made specific administrative actions by the administrative organ are not included in the reviewing system for evaluating the legitimacy of specific administrative acts except the statutory circumstances. To a large extent, this approach reflects the principle of “dossier exclusiveness” in administrative law theory. Although this principle is theoretically regarded as a standard, but the business