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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   spring 2018 , Volume 82 , Number 101 ; Page(s) 167 To 186.

Effect of Type of Evidence System on Goals of Civil Procedure in Iranian Law

Author(s):  mokhtari rahim*
Every nation selects one of evidence systems or a combination of them based on judicial policy، purpose of the trial as well as the trust level of legislators relative to judges. Affected by divine religion the aim of which is providing justice as well as spiritual and worldly happiness for human، civil justice system of Iran is based on Islamic justice، the basic and judicial principles of which are conscience and hearty confidence of evidence، has regarded its goal to discover reality which is ideal and objective of hearing. To this purpose، along with changes in legal systems as well as development of justice thoughts in developed countries، the rules of civil proof have developed quickly toward extending the judge's power with the aim of achieving real judgment and realization of justice. With changes in the scope of judge's authority، removing restrictions in proved value of testimony، and developing its scope in terms of allegorical and manner of evidence، and lack of restrictions on the size and diversity of judicial circumstantial evidence، free evidence system has dominated civil procedure in Iran. With this dynamic، that is performed only in the framework of the principles of procedure، According to this judges could make decisions by any logical and conventional evidence that leads them to the truth.
Keyword(s): Judge,Truth Discovery,Evidence System,Manner of Evidence,Exclusiveness of Evidence
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مباني نظري و تجربي ونداليسم: مروري بر يافته هاي يك تحقيق Persian Abstract Yearly Visit 27
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