نوع مقاله : علمی و پژوهشی
عضو گروه حقوق خصوصی، دانشکده حقوق ، دانشگاه قم، قم، ایران
عنوان مقاله [English]
Courts may face two types of lawsuits against judicial decision makers: 1. Lawsuit for compensation due to wrong decision 2. Criminal and disciplinary action resulting from a harmful Adverse judicial decision. Now, in this article, we are trying to answer this question: when a lawsuit is filed in the courts against a harmful decision, is there a special procedure for dealing with such a lawsuit, or should the courts follow the procedure General rules for dealing with claims? In the current study, which was compiled in a descriptive-analytical manner with a comparative approach in the laws of Islamic countries, Roman Germanic and Common Law, we will say: if the lawsuit is of the first type, the procedures for dealing with this type of lawsuit are the same as other civil liability lawsuits and are subject to the procedure General rules, but in the case of the second part, on the one hand, the judges of the courts each have a lot of authority and authority in their field of work; Therefore, it is necessary for them to be responsible in front of all these legal powers so that they do not become absolute rulers. And on the other hand, the judicial ego and independence of the judge require that filing a lawsuit against him has differences with the general rules of responsibility and prosecution. And therefore, in all legal systems, a special procedure has been provided to deal with these claims.
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