نوع مقاله : مقاله پژوهشی
1 دانش آموخته دکتری ، دانشگاه آزاد کرمانشاه، ایران./قاضی دادگستری
2 دانشجو دکتری حقوق عمومی دانشگاه تهران، دانشکدگان فارابی، ایران.
3 کارشناسی ارشد حقوق عمومی دانشگاه علامه طباطبایی، تهران،ایران
عنوان مقاله [English]
The article analyzes the rationales for rule of legal obtained evidence in administrative proceeding with the aim of establishing the ideal type of obtained evidence system. In administrative proceedings similar to criminal and civil proceedings, the reason for obtaining of evidence by the court is raised. Since the discussion of obtaining evidence by the court is inconsistent with the principle of impartiality of the judge, it is important to analyze it in an administrative procedure similar to civil and criminal proceedings. On the other hand, there is the issue of what is the legal sanction in the administrative proceedings if the evidence obtains illegally. The survey will be carried out with Descriptive-analysis method and gather data by use of books and article in this respect. Result of this survey show that in adversarial administrative proceeding such as labor proceeding, general rule is that a judge is forbidden to obtain evidence for or against each party, but in disciplinary proceedings, such as board of handling of breach of disciplinary, judge has active role in obtaining evidence. In judicial precedent of administrative court of justice and law and provisions concerning to administrative proceeding, general rule of legal obtaining of evidence is not presented in comprehensive way.