Document Type : Original Article
Authors
1
PhD Student, Department of Criminal Law and Criminology, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
2
Assistant Professor of Law, Department of Public Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
3
Assistant Professor, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
Abstract
Administrative litigation as one of the most important types of litigation in any legal system is related to individual freedoms. Thus, along with the chapter on hostility and the realization of justice, the discovery of the truth is one of the most important goals of administrative proceedings. Discovering the truth, which means the process of convincing the judge's conscience in obtaining the truth of the cases, is one of the most important challenges and issues in administrative proceedings; Because the process of discovering it is not simply possible. Accordingly, if the ultimate goal of administrative proceedings is to discover the truth, it must include characteristics and requirements. Accordingly, the judicial system with features such as the principle of publicity of the proceedings, the principle of expertise and correspondence and requirements such as the fulfillment of fair trial standards, the right to a lawyer, two-stage proceedings, results show that judges can not resort to methods that are outside the scope of the law to discover the truth. acquisition of evidence will be legitimate and lawful whenever the provisions of the law are observed and the fundamental rights and freedoms of individuals are observed in the collection of evidence, but if, in the process of obtaining evidence, legal rules are violated, obtaining evidence is illegitimate and illegal. will be. Therefore, the mere legality of the study of reason or the legitimacy of the system of legal reasons is not sufficient to be presented in court; Because the reason must be obtained legally.
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