مباني ارزيابي ادله در آيين دادرسي مدني ايران و فراملي

BASES OF EVALUATION OF EVIDENCE IN TRANSNATIONAL AND IRANIAN CIVIL PROCEDURE LAW

We have seen many changes in the area of evidentiary rules in developed countries whose aim is not only settlement of disputes but also achievement of justicc and having real judges through expanding their powers and discretions. The main way to gain this goal is evaluation of evidence by prosecutors. Evaluation of evidence means to judge about the value and merits of any evidence. This, accordance to relevant facts of any cases would differ from one ease to another. In the other word, while we evaluate the evidences, onec strictly & theoretically, then accordancc to conditions and facts of cases, the respective results would be much different. Evaluation of evidence in the most cases is supposed to be as a way to achievement of real facts. Possibility of Evaluation of evidence by prosecutors and then by members of the council for settlement of disputes beside attributors is a matter of question and would be compared with transnational civil procedure rules of ALI & UNIDROIT.