The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Law of evidence in administrative proceeding

Authors
mohammadhosein zarei
azita mohsenzadeh
Abstract
Law of evidence in administrative proceeding, has an undeniable significance to guarantee citizens’ rights and freedoms and to guarantee the principle of “Rule of Law” . By predicting the system of  free law of evidence in administrative proceeding, this opportunity will be provided for citizens to use all reasonable evidences to reach their rights and get disengaged from the usual current limits in the system of  legal law of evidence . From the other side, imposing the burden of proof on a citizen who claiming violation of the principle of  “Rule of Law”  by the administration department will be a crucial obstacle in realization of administrative proceeding targets, thus this is necessary to adjust the rule of “ the burden of proof by the claimant” in administrative proceeding and make the administrative  department “responsible” too in a way that the administrative office be obliged to clarify and explain the appealed decision reasonably and on a basis. Of other necessary mechanisms for 
realization of administrative proceeding targets is to predict the active participation of the administrative judge to discover reality and to enforce justice. The administrative judge should do the necessary researches to make sure of realization of the principle of “ Rule of Law” so that by this arrangement the inequality between the administrative department and  the citizen in the  administrative proceedings get compensated to some extent and the citizens’ rights and freedoms get guaranteed.
 
Keywords
administrative proceeding
the free law of evidence system
the role of administrative judge
the burden of proof
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