نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی کارشناسی ارشد دانشگاه علامه طباطبایی، تهران، ایران
2 استاد گروه حقوق، دانشکده علوم انسانی، دانشگاه کاشان, کاشان، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Administrative proceeding is a sub-discipline of formal law which is, along with other proceedings, responsible for enforcing the substantive regulations related to administrative violations of government officials and public institutions. The relationship between trials has always been the subject of debate among legal thinkers leading to controversies. Are administrative proceedings independent of or a function of judicial proceedings? A consequence of this controversy is the choice involved when a single issue with a unique criminal nature and administrative violation is simultaneously raised in both administrative and judicial authorities: should the administrative authority stop the proceedings and wait for the outcome of the judicial proceedings to be known or does he have the right to handle the case independently and make a decision, regardless of the verdict issued by the judicial authority? This article seeks to examine the various dimensions of this issue and appropriately answer the above-mentioned two questions, the first of which is the main research question and the second the sub-question.
Differences in the nature, subject matter, and purpose of the two types of proceedings necessitate the independence of administrative proceedings from civil and criminal proceedings. As a result, if an issue is raised by the judicial authority and at the same time by the administrative authority, both can handle it and decide independently. However, the ambiguities surrounding the issue and the lack of clarity in legal procedures and doctrines call for independent and accurate research.
کلیدواژهها [English]
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