نوع مقاله : علمی و پژوهشی
نویسندگان
1 خیابان عطار، بلوار شهید شریفی، بن بست ۵ شمالی، پلاک ۹۳، مجتمع ریحان، واحد ۵
2 هیات علمی دانشکده حقوق دانشگاه شهید بهشتی تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Today, electronic litigation has been proposed as one of the tools for the transformation of judicial justice. Along with its advantages and opportunities, this new method of litigation also faces challenges that must be evaluated in light of the principles of fair trial. The present study, using a descriptive-analytical approach, conducts a comparative study of the challenges and opportunities of electronic litigation, emphasizing the principles of ensuring justice in the trial process. One of the most important opportunities of electronic litigation is facilitating individuals' access to justice by reducing the costs and time of judicial processes. Greater transparency, the possibility of fully recording court decisions and judicial hearings digitally, and accelerating proceedings are other advantages of this system. However, this development has also created serious challenges that jeopardize the principles of fair trial, such as respecting the right to defense, equality of parties, and the principle of public trial. Examples of these challenges include limited access for individuals without digital capabilities, the possibility of privacy violations in online platforms, and issues related to cybersecurity. Some countries, such as developing countries, face infrastructure problems and insufficient legal preparedness, which in turn can violate the principles of fair trial. Overall, although e-trial is an important opportunity to improve the quality of judicial justice, it may have negative consequences if the requirements of fair trial are ignored.
کلیدواژهها [English]
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