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Abstract: (4589 Views)
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.
Type of Study:
Applicable Research |
Subject:
General Law Received: 2017/10/22 | Revised: 2019/01/06 | Accepted: 2017/12/10 | Published: 2017/12/10 | ePublished: 2017/12/10
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