Critical Analysis of Consideration of Evidence in Court of Administrative Justice

Evidence is the guidance of judges to discover the truth and make the final decision, so the role of evidence in procedure is very significant and substantial. Realization of the fair hearing in Court of Administrative Justice requires observance of special rules and principles in consideration of evidence so that administrative procedure goals and the principle of the \"rule of law\" will be realized. One of the important principles in fair hearing is the principle of correspondence in consideration of evidence. According to Organizations and Procedure in Court of Administrative Justice Act (Articles 29,30,83) the principle of correspondence in consideration of evidence isn\'t guaranteed competently, so that the citizen hasn\'t been informed of the administration\'s response and the evidence therefor the citizen will lose the defense opportunity and the possibility for rejection of those evidence. It is necessary that by predicting essential rules, the litigation right and possibility of conscious participation in administrative procedure will be guaranteed for citizen. On the other side, Consideration of evidence and issuance of reasonable and documentary decrees are essential to prevent judges from despotism so they should justify the principles and argue therefore parties involved in litigation will be aware of the reasons for acceptance and rejection of the claims and the evidence and fair hearing will be realized. Expert and educated judges are required for fulfillment of the above goals. Unfortunately some of the decrees in the Court aren\'t competently reasonable and documentary because the specialization is ignored in the Act.