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作为行政诉讼领域特有的证据规则之一,案卷外证据排除规则集中体现了行政诉讼司法复审的本质要求,是指法院不得以当事人在行政程序中未提出或未收集的证据作为认定案件事实的依据。对案卷外证据排除规则的研究应从其意义和要求入手,进而对我国现有相关规定进行评析,最终应该尽快出台行政程序法;在现行行政诉讼法中明定案卷外证据排除规则的含义、属性和适用范围。
As one of the special rules of evidence in the field of administrative litigation, the exclusionary rule of evidence outside the case focuses on the essential requirements of the judicial review of administrative litigation, which means that the court may not rely on the evidence that the parties did not file or did not collect in the administrative proceedings as the basis for determining the facts of the case . The study on the exclusionary rules of evidence outside the case should start with its significance and requirements, and then evaluate the existing relevant regulations in our country. Finally, the administrative procedural law should be promulgated as soon as possible. In the current administrative procedure law, the meaning, The scope of application.