نوع مقاله : مقاله علمی پژوهشی
نویسنده
استادیار دانشکده حقوق و علوم سیاسی دانشگاه آزاد اسلامی واحد کرج
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The economy of justice is the application of the techniques, principles and economic principles in the structure and process of the civil procedure. The goal of this school is to develop a judicial culture, focus on the conduct of parties to the dispute and outsourcing lawsuits to optimize the rules of procedure and achieve efficiency in the judicial system. Accordingly, the economy of justice process is based on two bases. One is a positive economic attitude and the other is the normative economy. In the positive economy, the existing rules of the proceedings are analyzed and in the normative economy, the rules and norms must, as it were, be examined in the proceedings.Based on both the positive and the normative attitudes, a series of realistic functions are being put into practice. These functions are divided into social and private functions. Social functions in the economy of justice can be counted by controlling the frequency of claims, claims reversal techniques, and electronizing the structure of the judicial system. On the other hand, the encouragement of contractual trials, the control of litigation motives and its costs should also be considered as one of the private functions in the economic attitude of the procedural system. These functions contribute to the establishment of judicial democracy, the privatization of justice and the promotion of the judicial culture.
In this paper, while explaining the subject, the social functions and functions of the civil justice system will be dealt with, in the context of economic justice data or economic analysis of civil procedural law.
کلیدواژهها [English]
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