Document Type : Original Article
Authors
1 PhD student in private law, Sari Branch, Islamic Azad University, Sari, Iran
2 Assistant Professor, Department of Law, Sari Branch, Islamic Azad University, Sari, Iran. Assistant Professor of the Department of Private Law, Faculty of Law and Political Sciences, Mazandaran University
3 Assistant Professor, Department of Private Law, Joibar Branch, Islamic Azad University, Joibar, Iran
Abstract
Highlights
Today, the progress of science and technology has made its undeniable impact in the field of justice, proving lawsuits and crimes, as in other fields, especially in the legal systems of developed and industrialized countries, and in accordance with the change in the form and nature of crimes and civil responsibilities and the type of transactions and Commercial contracts, even in contracts and events related to personal circumstances, evidence that can be used in criminal complaints and legal claims have also completely changed compared to the past.
The study of reason in administrative proceedings in citizens' lawsuits against the administrative system comes from concerns such as the rule of law, efforts to realize people's rights, and efforts to discover the truth. Administrative lawsuits have the characteristics of a private lawsuit, as well as some features of a public lawsuit. Therefore, in the administrative proceedings, the impartiality of the judge and the role of the litigants in presenting evidence are discussed. Also, there are questions regarding the limits of the authority of the administrative judge in the study of evidence. It should be said that the general rule in proceedings in the general sense is the neutrality of the judge and the obligation of the disputing parties to study and present evidence.
Therefore, it seems that the study of evidence in the process of civil and criminal proceedings follows a different method, and due to the unequal relationship between the parties in administrative proceedings, the examination of evidence is subject to the free system, and the administrative judge or the administrative prosecutor In the capacity of discovering the truth, they are allowed to use electronic evidence. The main question in this research is to investigate the feasibility of using electronic evidence in administrative and civil proceedings. The research method is descriptive-analytical and the library method was used to collect the sources.
According to the following wording of the article, it seems that this doubt can be resolved and the electronic reason can appear in any format regardless of the content. Although the legislator in this law only mentioned evidences such as electronic signatures, data of normal messages and data of secure messages, but this does not negate other electronic evidences and articles 13 and 14 of the Electronic Commerce Law also confirm the validity of this claim. confirms Therefore, the interpretation of electronic evidence as electronic documents is not correct, and the electronic document is only one part of the electronic documents, and the scope of the electronic documents is both the term document and the other.
Proceedings in the Iranian legal system are similar to the English legal system on the one hand, and on the other hand, with the presence of the Administrative Court of Justice, similar to the French legal system, but none of the merits of the two systems have been combined. The administrative courts in Iran are a mixture of the French and English systems, which do not have the advantages of any of the two systems, because each of these systems has its own approach to the theory of the state, the separation of powers, and the foundations of administrative law, as well as The history itself has taken a different path regarding dedicated administrative proceedings
Considering the special feature of administrative proceedings, at least theoretically, the free system of evidence is more compatible with the principles of judicial supervision by administrative judges. Considering the type and powers of the administrative judge in the position of discovering the truth, the use of electronic evidence in administrative proceedings is compatible with the principles of the system of free access to evidence.
Due to the fact that the proceedings of the Administrative Court of Justice are conducted in absentia and through the exchange of bills, therefore, documents are considered the most important proof of a claim in this proceeding. Plaintiffs generally want to get a copy of the defense bill of the plaintiff, and in some cases, they have to travel a long distance to Tehran just to get a copy. While it seems that by converting written documents into electronic documents and uploading them into the Sana system in the form of electronic documents, the problems related to access to documents are eased. It should be noted that currently, it is only possible to serve judicial documents (indictments) in electronic judicial service systems.
Based on this, the approach of the new law of the Administrative Court of Justice is to electronicize the processing and registration of petitions and arguments, and now a system called the electronic petition receiving portal of the Administrative Court of Justice has been launched. The electronic service portal of the Administrative Court of Justice provides its users with the possibility to register their petition through this system without the need to visit in person, and it is also possible to track cases and present evidence and bills through it.
Once upon a time, lawsuits and crimes had more objectivity, and most contracts and transactions were done in person and under the supervision of others, and testimony was a common practice to ensure the certainty of the transaction, and as a result, the testimony of witnesses as the strongest evidence to prove the right in Courts were considered, with the help of science and technology, evidences under the title of scientific reports of incidents, the science of dissection in forensic medicine, genetic tests for identification... to help judgments and courts came into being. The opinion of probative validity and acceptability surpassed other common evidences, especially the testimony of witnesses, and in some cases it was dismissed from probative validity.
The results of the study of electronic evidence and its legal foundations showed that in the virtual and electronic world, traditional evidence cannot be used to solve many problems in the current world. Electronic evidences are considered among the new tools in the judicial process. Features such as the electronic version not being the same as the printed copy, the ability to store in compact form, different forms of storage, the ability to reproduce quickly and their different structure from normal documents are among the notable ones. It is considered in electronic evidence. Although electronic evidence is different from normal documents in terms of form. But in terms of content, they have equal value and can be relied on as normal documents to prove the case, such as testimony, oath, confession, etc. Among the challenges of the discussion of electronic evidence, we can mention the large volume of information, the hiddenness of many of them, and the problems caused by the difference in languages.
Considering the active role of the administrative judge in administrative proceedings, it is also possible to use electronic evidence. Of course, this is not explicitly provided for in the law of organization and procedure of the court, and the practical procedure of the court also shows the use of these reasons.
Keywords
Main Subjects
)