1 - Study of the role of the judge in the administration of reason by looking at the transnational civil procedure

Document Type : Original Article

Authors

1 Faculty of Law, Department of international law, Kharazmi University, Tehran, Iran.

2 Faculty of Law, Department of private law, Kharazmi University, Tehran, Iran.

10.30510/psi.2022.294488.1976

Abstract

One of the important issues in litigation is the administration of evidence by the judge in the proceedings. The administration of justice is the ultimate goal of any trial, and a fair trial is one of the most important criteria for measuring the social and judicial development of any society. In this regard, the question of whether the judge can consider himself unnecessary in the trial or need the reasons presented by the parties in the trial has long been stated in our legal system, so it is necessary to understand the Knowledge and certainty of the judge to deal with the knowledge arising from the evidence. In this research, which has been done by descriptive-analytical method, the findings indicate that although our jurists are inclined to believe that the judge can and should act according to his knowledge, even a group in this field claims consensus. Theoretical debate to find the right answer is not over, and there is concern about the judge's suspicion of the charge and the possibility of his inappropriate and unjustified use of power in logical theories and analyzes of verses and news.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 1754-1768

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