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根据《行政诉讼法》及相关法规对行政诉讼证据的规定，在二审或者审判监督程序中法院应当对当事人依法提供的新的证据加以质证。请问“新的证据”是指( )
A
B
C
D
E
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参考答案
试题答案：
A
B
C
答案解释：
根据《行政诉讼证据规定》第52条的规定，“新的证据”指：(1)在一审程序中应当准许延期提供而未获准许的证据；(2)当事人在一审程序中依法申请调取而未获得准许或者未取得，人民法院在二审程序中调取的证据；(3)原告或者第三人提供的在举证期限届满后发现的证据。可见，选项A、B、C正确。同时，行政机关在一审过程规定的期限内，必须提供作为具体行政行为依据的证据，否则被视为没有证据，在诉讼过程中，被告不得自行向原告和证人收集证据，所以选项D错误。
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