Document Type : Research Paper

Authors

• Hormoz Yazdani Zunuz ¹
• Ali Mashhadi ²

¹ Ph.D. Student in (Public Law), Faculty of law, University of Qom.

² Associate Prof, Public Law Department, Faculty of Law, University of Qom, Qom, Iran.

Abstract

Considering that the administration enjoys the privilege of public power, in judicial supervision, the rule of "the burden of proof rests with claimant" should be adjusted in favor of the plaintiff. Every citizen who files a complaint in the Court of Administrative Justice is not necessarily a claimant, but may have initially been charged with a violation by the administration. In such cases, the claimant is the administration. Therefore, placing the burden of proof entirely on the shoulders of the citizen will not be proportionate to the purposes of administrative proceeding. The court's decision must include reasoning based on evidence. This research seeks to answer the following questions: In the procedure of the Court, how is the burden of proof distributed between the parties? Also, what is the status of the issued judgments in terms of being reasoned? In this research, a number of the opinions of the branches of Court have been examined. The results show that the burden of proving the claim is heavy on the shoulders of the citizen, and the stages of reasoning based on the evidence does not fully specified in the text of most of the examined opinions.

Keywords

• burden of proof
• administrative proceedings
• judgment validity
• administrative court of justice
• evidences of proof