The Nature of Judicial Proof in Administrative Law A Comparative Study between Iraqi and Algerian Law

In fact, administrative evidence is considered one of the most important issues raised by the Administrative Judiciary Department, and it depends mainly on administrative litigation between two unequal parties, because on the one hand it occurs between ordinary individuals, and the administration acts as an administrative guide. On the other hand, the holder of public power tells the executive authority its powers and authority. It does not require recourse to the judiciary to act in the presence of others because it often acquires the position of the accused, which is an easy position in a case under the Code of Procedure, and the individual is in the position of the plaintiff, who often has no privilege or evidence, so he will bear the burden of proof. This is the problem that leads to an imbalance between the parties in administrative cases, and we will, through this study, clarify the privacy and ambiguity of administrative cases, in order to clarify and clarify their legal characteristics to enlighten the judiciary. First, we say that the development and progress of society, and the legal sovereignty of the state affect all aspects of individual activity by preventing him from claiming his rights, and preventing the emergence of his concepts. Litigation is the means by which legislators empower people to protect their rights or resolve disputes. And the competent authority to implement rights by resorting to judicial bodies is to protect public interests related to individual goals, that is, to achieve private interests to file a lawsuit with the administrative body, and this method is currently called administrative litigation, so the latter is a tool for understanding the correctness of the behavior of the administrative body and is completed All administrative submission procedures in line with the law. Whether in form or substance, it has reached the stage of proving the subject matter of the administrative deposit, and it cannot be used for this purpose. Unless a set of means or evidence is presented, either at the request of the administrative law judge or at the request of the parties, from this point of view came the necessity to study what judicial evidence in administrative law is to shed light on those judicial evidence and to know the extent of their adoption in Iraqi and Algerian law, Therefore, we used the inductive analytical method in addition to the comparative method, and accordingly we divided the study into three chapters. In the first chapter, we referred to concepts and faculties. In the second chapter, we presented the legal organization of the administrative judicial evidence between Iraqi and Algerian law. In the third chapter, we separated the judicial role in evidence. Administrative law between Iraqi and Algerian law, then we concluded the letter with several results that we reached during our studies and a number of recommendations that we hope to adopt, and we ask God for success.