Reducing the delay of the trial in the light of the management of the trial on the evidence to prove the case

Document Type : Original Article

Authors

1 Master of Private Law

2 PhD Student , Azad Islamic Universiry, Semnan.Iran.

Abstract

Regardless of the acceptance of the importance of the system of proof of litigation by the judge in order to secure the rights and freedoms of the citizens and guarantee the rule of law, the issue of delaying the proceedings means the unreasonable and unusual prolongation of the proceedings of the cases in the judicial system to the point of rendering the sentence ineffective, as a problem. It cannot be denied that, in the meantime, the management of the judge on the proofs of the lawsuit can play a significant role in reducing the mentioned problem. Paying attention to the time of the trial and the conscious management of the judge not only leads to the satisfaction of the litigants, but also causes the mass of people to trust the judicial system and accept the verdict with satisfaction; As a result, the time and management of the proceedings should be such that the litigants, while they benefit from sufficient legal guarantees, do not create continuous tension and erosion and destruction for them. For this reason, it is very important to identify the causes and factors affecting the delay of proceedings and the role of judges in its management. Among the reasons that affect the delay of the proceedings, the role of the judge in managing the evidence to prove the claim is a fundamental and important role that in legal claims, due to the importance of the evidence to prove the claims expressed by the parties, the judge's management can prevent one of the litigants from delaying the proceedings. In this research, which has been carried out with a descriptive-analytical method, the role and function of the judge in the management of the proofs of the lawsuit and its effect on reducing the delay of the proceedings have been explored.

Keywords

References

- Ashuri, Mohammad, (1400), Code of Criminal Procedure, 8th edition, Vol. 2, Tehran, Samt Publications.
 - Emami, Seyyed Hasan, (2009), civil rights: in the proofs of litigation, confessions, documents, testimony, Emirates, oath, practical principles, Tehran, Islamia publication.
 - Bahrami, Bahram, (1400), The Basics of Evidence, 9th edition, Tehran, Negeh Bineh.
 - Beheshti, Mohammad Javad, Mardani, Nader; Code of Civil Procedure, Tehran, Meezan, 1386, vol.1, p.48.
- Jafari Langroudi, Mohammad Jafar, (1400), Legal Terminology, Tehran, Ganj Danesh.
 - Khomeini, Seyed Ruhollah (1403 AH). Tahrir al-Wasilah, Vol. 7, Tehran: Imam Khomeini's (R.A.) Editing and Publishing Institute.
- Dehkhoda, Ali Akbar, (1381), Dehkhoda Dictionary, Vol.1, Vol.6, Tehran, Tehran University Press.
- Zarei, Mohammad Hossein, Mohsenzadeh, Azita, (2016), the system of proof of litigation in administrative proceedings, Judicial Law Perspectives Quarterly, No. 72.
 - Zareh, Abbas, (2010), Civil Procedure Law in the Current Order, Tehran, Future Publications. - Shadbad, Nasser, (2011), proofs of litigation, first edition, Tehran, Shabak Publications.
 - Shambiati, Hoshang, (2008), economic criminal law, crimes against the public interests of the country, including crimes (security, economic, social, moral, etc.), Tehran, Rubin Publishing.
- Shams, Abdullah (1386), Civil Procedure Code of the Advanced Period, Volume 3, Nem Print, Tehran, Drak Publications.
- Shams, Abdullah (2015), Civil Procedure Code, Vol. 3, Third Edition, Tehran, Drak Publications.
- Sadr al-Hafazi, Seyed Nasrallah, (1372), judicial supervision of the government's actions in the Court of Administrative Justice, first edition, Tehran, Shahriar Cultural Publishing Center.
- Tayyab, Hojjat; Afsharnia, Mobin, (1389), Judicial delay and judicial development, Tehran: Khorsandi.
Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 30
June 2023
Pages 81-120

Files

Share

How to cite

Statistics