نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق، واحد قشم، دانشگاه آزاد اسلامی قشم، ایران
2 گروه حقوق ، واحد بندعباس، دانشگاه آزاد اسلامی .بندرعباس، ایران
3 گروه حقوق، دانشگاه آزاد اسلامی واحد علوم و تحقیقات، تهران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
The system of proving litigation in administrative proceedings is of undeniable importance for ensuring the rights and freedoms of citizens and guaranteeing the principle of the rule of law. In the present article, we intend to use a descriptive-analytical method to define and present various types of evidence, the quality of evidence in administrative matters and to examine the evidence in the administrative court and the real role of the judge in proving and distributing the responsibility of proof; While in the implementation of Article 96 of the Constitution, the laws have been enacted and validated in accordance with Islamic rules or Imami jurisprudence, so in some cases we refer to the criminal law and civil law of Iran. The procedure in the Court of Administrative Justice is different from that of legal and criminal courts, because the nature of these courts and their principles are different. Therefore, the procedure of those courts cannot be ruled by the Court of Administrative Justice. Imposing the burden of proof on a citizen who claims that the administration has violated the rule of law will be a serious obstacle to achieving the goals of administrative proceedings; Therefore, it is necessary to modify the rule of "Al-Bineh Ali Al-Mada'i" in the administrative proceedings and also consider the administration as a respondent, so that the administration is obliged to explain its decisions in a documented and reasoned manner and provide rational and legal grounds for the challenged decision.
کلیدواژه‌ها [English]
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