The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Studying evidence in administrative proceedings in the light of protecting the rights of citizens

Document Type : Original Article

Authors
Seyed mahdi Razavi 1
Mostafa Seraji 2
Gholamreza Molabeigi 3
1 PhD Student in Public Law, Qeshm Branch, Qeshm Islamic Azad University, Iran
2 Department of Law,Bandar AbbasBranch، Islamic Azad University ، Bandar Abbas. Iran
3 Department of Law,Olom va Tahghighat Branch، Islamic Azad University ، Tehran.
10.22034/mral.2022.552253.1302
Abstract
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.
Keywords
Evidence
proof
trial
administrative
Subjects

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The Journal of Modern Research on Administrative Law
Volume 5, Issue 15 - Serial Number 15
Fifth year, 15th issue, ّSummer 2023
Spring 2023
Pages 323-343

  • Receive Date 25 April 2022
  • Revise Date 27 July 2022
  • Accept Date 06 October 2022