Document Type : Original Article
Authors
1
master's student Public Law, Faculty of Humanities, Ahar Branch, Islamic Azad University, Ahar, Iran.
2
Assistant professor, Department of law, Faculty of humanities, Ahar Branch, Islamic Azad University, Ahar, Iran.
Abstract
Legal and criminal proceedings in the Iranian legal system follow two models of jurisprudential and legal; this means that, under two principles of procedural and substansive proceedings it is obvious that the legal principles emanating from the French legal system and the principles of Jafari jurisprudence have been considered; under this integration, problems and even conflicts have arisen in the proceedings. The present research aimed at reviewing these issues and legal and jurisprudential requirements in procedural and substantive proceedings. The present research was conducted following descriptive-analytical methods. The results showed that , first, complaint registration is considered as a procedural principle and correspondence, freedom and authority of judge, documents and evidence, legality, the rule prohibiting the acquisition of evidence, and requirement for the litigants to respond are considered as the substantive principles; second, in jurisprudential proceedings, however, considering some other principles are required including maturity, courage, competence, and dogmatism for claimant; maturity and determination for the defendant; and, clarity, truthfulness, influence, and entitlement for complainant; third, in the legal system, although a legislator considers the procedure and substance of a proceeding, but, in jurisprudential system, the principle and the base is the substance of the case and, even the requirements before substantive proceedings are not correspondent with procedural proceedings in the legal system; fourth, a big array of methods and principles in judicial proceedings in the courts result in conflicts and serious difficulties many of which results from the lack of organization of judicial management system as to make the proceedings in the courts determinative.
Keywords