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庭前证据交换的范围一般在两种含义上被加以使用,一是证据交换适用的案件范围,二是证据交换的证据范围从立法层面上讲,我国是从第一种含义上使用这一话语的。证据交换范围的问题在复杂、疑难案件的审理中显得尤为重要然而,在审判中能够适用的法条极为有限,实际上只有《若干规定》第37条是针对证据交换的启动的法律规定。这与其在理案件中的重要地位是极不相协调的。为此,外国有关证据交换的范围的相关立法为我国提供了一条经验之路。
The scope of the exchange of evidence before court is generally used in two meanings. The first is the range of applicable cases for the exchange of evidence. The second is the scope of evidence for the exchange of evidence. From a legislative perspective, our country uses the discourse from the first meaning of. The issue of the scope of exchange of evidence is of particular importance in the handling of complicated and difficult cases. However, the number of laws that can be applied in trials is extremely limited. In fact, only Article 37 of the “Certain Provisions” is the legal requirement for the initiation of exchange of evidence. This is incompatible with its important position in legal proceedings. To this end, the relevant legislation on the scope of the exchange of evidence by foreign countries has provided China with an experience-based approach.