نوع مقاله : مقاله پژوهشی
کارشناس ارشد حقوق خصوصی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد کرج. (نویسنده مسئول)
عنوان مقاله [English]
The administration of justice is the ultimate goal of any trial, and a fair trial is one of the most important indicators for measuring the social and judicial development of any society. The principle of impartiality of the judge is one of the important principles of the trial, especially civil proceedings. The principle of the impartiality of the judge means that, firstly, the judges must perform their duties without any political, legal, religious or other bias, and secondly, the judicial process must be reasoned, documented and within the framework of the applicable laws. This principle has philosophical principles such as guaranteeing and securing the natural rights of individuals and guaranteeing the sovereignty of their will; And socially guarantees the credibility of justice and order and security in society. The criterion for evaluating the principle of impartiality of the judge is the subjective-objective criterion. This principle interacts with other principles of procedure such as the principle of independence and proportionality, etc. in order to achieve a fair trial. The rules related to the formation of courts in French law, including the rules related to the principle of independence, the principle of neutrality, the principle of correspondence, etc., are such that if they are strictly observed, the principle of impartiality of the judge will be observed. In the following article, we examine the relationship between the principle of impartiality of a judge and some principles of civil procedure in the French legal system.