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Principles of Ensuring Fair and Ethical Proceedings in Civil Lawsuits and Obstacles to Its Implementation
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M Khakzad1   , S. V. Lajevardi2 , V Ghasemi Ahd3 |
1- 1. Ph.D. Student of Law, Arak Branch, Islamic Azad University, Arak, Iran.
2- Dept. of Law, Arak Branch, Islamic Azad University, Arak, Iran , lajevardiseyyedvahid@gmail.com
3- Dept. of Law, Arak Branch, Islamic Azad University, Arak, Iran. |
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Abstract: (709 Views) |
Background: The relationship between ethics and law is certain and confirmed and emphasized by philosophers, moral thinkers and lawyers. Among the topics that can be specifically explored and investigated, the relationship between the two is ethics in the judicial process. Whenever it is possible to provide objective criteria to measure the observance of justice in a proceeding, it is possible to make a more precise statement about the implementation of justice in the proceeding stage. As a result, fair trial standards should be defined and used to measure the fairness of the standards. The purpose of this research is to investigate the principles of ensuring fair and ethical proceedings in civil lawsuits and the obstacles to its implementation.
Conclusion: The right to a fair trial is recognized as an international norm of human rights to protect people from illegally and arbitrarily restricting or restricting people from their freedom and basic rights. The principles that guarantee a fair and ethical trial in civil lawsuits are: acquittal, compliance with correspondence, public proceedings, equality of evidence, obligation of the judge to express arguments, impartiality, effective proceedings, and the conclusion of the lawsuit based on the compromise of the parties. The principles of proceedings in civil lawsuits can be moral defenders and guarantors of transparent and fair proceedings if they are properly implemented in practice, and disregarding these principles deprives the litigants of their inalienable rights towards the judicial system |
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| Keywords: Ethics, Justice, Procedural Principles, Civil Lawsuits |
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Full-Text [PDF 579 kb]
(589 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/02/15 | Accepted: 2023/04/4 | Published: 2024/08/31
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