نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری تخصصی حقوق خصوصی، مدرس دانشگاه، دانشکده حقوق، واحد میبد، دانشگاه آزاد اسلامی، میبد، ایران.
2 دانشیار، گروه حقوق، دانشکده علوم انسانی، دانشگاه شاهد، تهران، ایران. (نویسنده مسئول)
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In order to implement e-litigation, which plays an effective role in preparing the ground for public satisfaction, it is necessary to review its processes while establishing an e-litigation organization. As a comprehensive and codified law in this field has not been approved so far, the main purpose of this study is to review the electronic litigation processes. In this regard, the validity of e-litigation should be checked with existing laws. In this article, research has been done by studying the codified laws of and research has been done using analytical-descriptive method. In the end, it turned out that a petition, complaint or report had to be prepared to start an e-trial, just like a traditional trial, but with the difference that it is done electronically. The inherent jurisdiction of the courts in e-litigation is the same as in traditional litigation. The most secure method, which is the existence of a secure electronic signature, must be used to identify the qualifications of the parties in the electronic proceedings. In the litigation process, the evidence of litigation that exists in traditional litigation should be given the same validity during the electronic trial and it cannot be considered less credible just because it is electronic. The composition of the court verdict by the judge has the same validity as the paper verdict in the electronic space. The results of this research can be used in the development of a codified law on electronic proceedings.
کلیدواژه‌ها [English]
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