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行政诉讼法的颁布,标志着我国民主与法制的进一步发展。在学习宣传《行政诉讼法》过程中,关于被告的代理律师能否向原告和证人收集证据,有不同的认识。特述浅见,意在求教。行政诉讼法第33条规定:在诉讼过程中,被告不得自行向原告和证人收集证据。据此,有人认为该条规定不仅对被告适用,而且对被告代理诉讼的律师也同样适用。其主要理由是:
The promulgation of the Administrative Procedure Law marks the further development of democracy and legal system in our country. In studying and promoting the “Administrative Procedure Law,” there is a different understanding as to whether the defendant’s attorney can collect evidence from plaintiffs and witnesses. Special shallow see, intended to ask for advice. Article 33 of the Code of Administrative Procedure stipulates: During the proceedings, the defendant is not allowed to collect evidence from the plaintiffs and witnesses themselves. Accordingly, it is argued that the article also applies to lawyers applying not only to the accused, but also to the defendant in the lawsuit. The main reason is: