Volume 3, Issue 4 (3-2024)
Imqv 2024, 3(4): 74-90 |
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Najd N, Pashazadeh H, Nojavan A. Evaluation of the Supervisory Performance of the Supreme Court on the Good Implementation of Laws with an Islamic and Quranic Approach in the Courts. Imqv 2024; 3 (4) :74-90
URL: http://imqv-journal.com/article-1-139-en.html
URL: http://imqv-journal.com/article-1-139-en.html
1- PhD student, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
2- Assistant Professor, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran (Corresponding Author). ,pashazadeh45@gmail.com
3- Assistant Professor, Department of Private Law, Ilkhchi Branch, Islamic Azad University, Ilkhchi, Iran.
2- Assistant Professor, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran (Corresponding Author). ,
3- Assistant Professor, Department of Private Law, Ilkhchi Branch, Islamic Azad University, Ilkhchi, Iran.
Abstract: (1128 Views)
The Supreme Court of Iran is the highest judicial authority in Iran, which was formed in order to monitor the correct implementation of laws in the courts and to establish the unity of the judicial procedure assigned to it according to the law, based on the criteria determined by the head of the judiciary. According to Article 3 of the law on determination of appeals of court rulings and the manner of handling them, approved in October 1367, the Supreme Court is the authority for reviewing, violating or confirming the rulings of the first criminal court, the first legal court, and the special civil court and the revolutionary court. Proceedings in the branches of the Supreme Court of Iran are formal, and after examining the case and the court ruling and comparing the cases with the law, if the Supreme Court judge finds the court verdict to be correct and in accordance with the law and Shariah standards, it approves it and the judicial proceedings are terminated. finds The findings of this article in the review of the court's supervisory performance show that according to Article 392 of the Civil Procedure Law, this court, while examining the judicial case, if it observes a violation by the judges of the case, it must apply the law and this issue requires judicial and disciplinary supervision. Because separate disciplinary and judicial supervision does not make sense because it leads to the delay of proceedings and abuse of persons. On the other hand, the court does not have the unity of supervision due to the multiplicity of supervisory authorities; Therefore, the Supreme Court should exercise its supervision comprehensively and centrally. Currently, the court does not enter into the discussion of delaying proceedings, wavering of judicial opinions and judicial problems of the people, and its capacities in these fields are left unused and abandoned.
Type of Study: Applicable |
Subject:
Special
Received: 2023/12/2 | Accepted: 2024/02/4 | Published: 2024/03/15
Received: 2023/12/2 | Accepted: 2024/02/4 | Published: 2024/03/15
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