Investigating the Ambiguous Dimensions of Retrial in the Judicial Procedure of Medical Cases

سال انتشار: 1402
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 79

نسخه کامل این مقاله ارائه نشده است و در دسترس نمی باشد

استخراج به نرم افزارهای پژوهشی:

لینک ثابت به این مقاله:

شناسه ملی سند علمی:

MEDICALLAW01_203

تاریخ نمایه سازی: 7 تیر 1403

چکیده مقاله:

Retrial is one of the extraordinary methods of protesting the decision, which is next to methods such as appeal, and it means that the result is the retrial of an issue that has already been dealt with substantively. Considering that retrial is one of the special and special ways in the direction of reconsideration regarding the judgment that has been determined, this establishment is very important and vital in the direction of justice. Therefore, in this study, it is considered that the issue of retrial for accuracy in opinions and paying attention to the evidence and content of the case in the courts of justice will fulfill the rights of the victims and ultimately achieve justice, and due to its importance There is a difference of opinion among the people of Fan and jurists. Despite the fact that special attention has been paid to this issue in the law, differences have become inevitable in the issuance of judicial opinions and unanimity of procedures. Therefore, it can be used as a method of avoiding the rulings in order to correct judicial errors and achieve justice by examining and resolving the ambiguous aspects of retrial. Also, the ambiguity in resuming proceedings in the judicial procedure can have various ethical effects, including conflict of interests, delay in the proceedings and dissatisfaction of the parties, so it is very important to observe the ethical principles in this procedure.

کلیدواژه ها:

نویسندگان

Seyyed Mohammad Mehdi Sadati

Master's student of the Department of Private Law, Faculty of Humanities, Electronic Unit, Islamic Azad University, Tehran, Iran

Kamiar Shibatzadeh

Assistant Professor, Private Law, Electronic Unit, Islamic Azad University, Tehran, Iran