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虽然我国司法解释已涉及到行政诉讼审前程序的规定,但没有设立独立的审前程序,存在诸多潜在的缺陷,已经不能适应司法实践的需要,亟须改革和完善。完善我国行政诉讼审前程序能有效实现司法公正,提高行政诉讼效率,促使双方当事人之间诉讼外的和解。行政诉讼审前程序的完善措施具体包括:合理界定行政诉讼审前程序的适用范围,设置预审法官,建立审前会议制度,完善证据交换制度,合理配置权利义务关系。
Although the judicial interpretation of our country has involved the pre-trial procedure of administrative litigation, there is not a set of pre-trial procedures, there are many potential shortcomings, which are no longer able to meet the needs of judicial practice and are in urgent need of reform and improvement. Perfecting the pretrial procedure in our administrative litigation can effectively realize judicial fairness, improve the efficiency of administrative litigation and promote the settlement outside the litigation between the two parties. The measures of perfecting pre-trial procedure of administrative litigation include: defining the scope of application of pre-trial procedure of administrative litigation reasonably, establishing pre-trial judge, establishing pre-trial conference system, perfecting evidence exchange system and rationally allocating rights and obligations.