Volume 14 - Special Issue on Human Rights and Citizenship Rights
MLJ 2020, 14 - Special Issue on Human Rights and Citizenship Rights: 261-271 |
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Lalehkhani S, Khaleqian J. The Place of Judicial Guidance in Improving the Proceedings and its Impact on Civil Rights. MLJ 2020; 14 :261-271
URL: http://ijmedicallaw.ir/article-1-1097-en.html
URL: http://ijmedicallaw.ir/article-1-1097-en.html
1- Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran. (Corresponding Author)
2- Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran. (Corresponding Author)
Abstract:
Background and Aim: In different legal systems of the world, there are different views on judicial guidance and its effect on judgment. On the other hand, the issue of judicial guidance is significantly tied to the issue of civil rights. In this regard, the present study seeks to examine the position of judicial guidance in the judicial system in terms of influencing the field of civil rights.
Materials and Methods: The method used in this research is descriptive-analytical and the information has been collected by using documentary and library resources.
Findings: During the judicial guidance process, the rights of the litigants are shown to them and the guidance of the judge has a detrimental aspect and the parties are not required to obey the order. In addition, the judge can guide the parties to the litigation without addressing a specific person; While the other party has the right not to do so, the judge seeks to discover the judicial truth and adapt it to the objective truth, which is part of the process of achieving judicial justice and the realization of civil rights.
Conclusion: Islamic law, by defending judicial guidance, has significant effects on civil rights; that by minimizing the length of the proceedings during the examination of judicial cases, it minimizes the financial costs and the time of their examination; it also prepares the ground for judicial justice with the guidance of the litigants. Judicial guidance leads to the discovery of the truth and the prevention of the violation of citizens' rights as litigants. Also, by using judicial guidance, trust in the judiciary will be increased and judicial security will be expanded.
Please cite this article as: Lalehkhani S, Khaleqian J. The Place of Judicial Guidance in Improving the Proceedings and its Impact on Civil Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 261-271
Materials and Methods: The method used in this research is descriptive-analytical and the information has been collected by using documentary and library resources.
Findings: During the judicial guidance process, the rights of the litigants are shown to them and the guidance of the judge has a detrimental aspect and the parties are not required to obey the order. In addition, the judge can guide the parties to the litigation without addressing a specific person; While the other party has the right not to do so, the judge seeks to discover the judicial truth and adapt it to the objective truth, which is part of the process of achieving judicial justice and the realization of civil rights.
Conclusion: Islamic law, by defending judicial guidance, has significant effects on civil rights; that by minimizing the length of the proceedings during the examination of judicial cases, it minimizes the financial costs and the time of their examination; it also prepares the ground for judicial justice with the guidance of the litigants. Judicial guidance leads to the discovery of the truth and the prevention of the violation of citizens' rights as litigants. Also, by using judicial guidance, trust in the judiciary will be increased and judicial security will be expanded.
Please cite this article as: Lalehkhani S, Khaleqian J. The Place of Judicial Guidance in Improving the Proceedings and its Impact on Civil Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 261-271
Keywords: Judicial Guidance, Proceedings, Judicial Justice, Discover the Truth, Islamic Citizenship Rights
Type of Study: Original Article |
Received: 2019/10/1 | Accepted: 2020/01/21
Received: 2019/10/1 | Accepted: 2020/01/21
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