行政案卷排他原则研究

行政案卷排他原则是一项源自美国法并被大多数法治国家采用的行政程序与行政诉讼的基本原则。这一原则在我国行政法中也有体现,但存在着行政程序中适用范围过窄、行政诉讼中审理对象、新证据规则不明确等问题。结合实际需求与国外经验,有必要对我国行政案卷排他原则的适用范围、行政诉讼相关规则尤其是新证据的采证等内容进行完善,以确保行政案卷排他原则实现促进依法行政的积极作用。

A Study on the Principle of Administrative Decision Based Exclusively on the Records

The principle of administrative decision based exclusively on the records,arising from America, is a basic principle both in administrative procedure and in proceeding in most advanced countries.This principle can be seen in administrative law in China.However,there are many problems such as the narrow scope in implementing administrative procedure and the uncertainty of the judicial objects and the rule of new evidence. In view of the practical needs and foreign experience,the applicable scope of this prin...