Comparative Analysis Of Dispute Resolution Councils With Similar Legal Institutions In English Law
Abstract. Iranian lawmakers have established Dispute Resolution Councils by article 189 of The Third Development Plan Law, in order to decrease time of judgment and density of files in Department of Justice, and agreement between two sides of lawsuits. Consequently, Islamic Parliament of Iran approved Law of Dispute Resolution Councils in 2009. At comparative viewpoint, County Courts and Peace Courts in English Law are similar institutions with Dispute Resolution Councils in Iran. However, certainly, there are diversities between them. This research has studied Dispute Resolution Councils in Iran with similar institutions in England with analytic-descriptive way. Until will be presented recent achievements and solutions for improvement of this institution.
are chosen by local authorities’ opinions. Moreover magistrates services their clients free same as Dispute Resolution Councils’ judges.
The first distinction is about their power of decision. Magistrates are independent in their responsibility, but Dispute Resolution Councils’ judges are free for resolving disputes exclusively. The second difference is about way of their elections. Magistrates only should be native and has adequate local information, but Dispute Resolution Councils’ judges should have 9 conditions.
Comparison of Jurisdiction of Dispute Resolution Councils with Jurisdiction of county courts
Comparison of Jurisdiction of Dispute Resolution Councils with Magistrates courts
The Magistrates courts are more similar to Dispute Resolution Councils than county courts, because both of them have legal and criminal Jurisdiction. Both of them are limited. Some inferior crimes are common between them such as traffic regulations and stop in prohibited areas, therefore they have identified punishments.
One of the most important differences is sentence of imprisonment, Dispute Resolution Councils in contradict with magistrates courts could not issue Sentence of imprisonment. In addition, magistrates courts perform as a reference for a preliminary investigation in crimes which has no Jurisdiction about them, but Dispute Resolution Councils has not that capability. 6. CONCLUSION
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