One of the certain teachings of law is that it is difficult to know the laws of a country solely by relying on the law, and if knowledge of the legal system of a country is obtained through the translation of legal texts, it will most likely be an incomplete and uncertain picture of reality. That is why the importance of other sources of law is emphasized in member countries of the written law family, and the judicial procedure in this field is one of the most important sources.
The two elements of repetition and influence of a vote among young judges are among the most important elements of judicial procedure consistency. The repetition and spiritual influence of an opinion among judges depends on various factors; On the one hand, the judicial organization and the design of different levels of proceedings and the ordinary and extraordinary ways of complaining and obtaining the approval of a solution from the judges of the Supreme Courts have a significant effect on rooting an idea, and on the other hand, the organized publication of judicial opinions makes it possible to observe the repetition of a solution. makes it possible The fact is that the discussion of judicial procedure next to the law makes sense if, instead of the scattered decisions of the Tali courts, from which it is difficult to deduce clear and stable solutions, the opinions of a high institution with high influence such as the Supreme Court at the head of the organization Courts should help the unity of the judicial procedure so that in the name of monitoring the implementation of the law, new and innovative solutions will find an independent and continuous existence. This is what is the missing link of our justice system due to the lack of efficient organization of the Supreme Court's role in judicial proceedings, especially in civil proceedings.
In addition, despite the efforts made by the Judiciary Research Institute regarding the publication of opinions, the non-implementation of Clause 4, Section D, Article 211 of the Fifth Five-Year Development Plan of the Islamic Republic of Iran has made it difficult to evaluate the repetition of the solution, and the judges and Except through personal experience, lawyers do not have a reliable way to find out the reproducibility of a solution and statistical superiority over competing solutions. Collections of judicial opinions, which are among the factors of establishing the judicial procedure as a source of law in the countries of law, have not yet spread in our country.
In such a situation, doctrine, as another source of law, plays a prominent role in identifying and establishing the solution to difficult judicial issues. By highlighting some judicial decisions or denigrating some others, the authors of the pen and thought help in the formation of stable procedures and bear the burden of the absence of some procedural factors. The exchange of law schools and courts in such a way that each one pays attention to the product of work and thought of the other will help in the formation of well-documented and well-reasoned procedures and mastery of opinions. The tradition of criticizing and explaining judicial opinions in the form of a journal does not have much history in our country, but the scientific colleagues of the journal, who have written without any vision for the advancement of justice and justice in our dear country, are determined in this way and expect help from the scientific community. A few guide articles and some structured reviews published in previous issues are suitable models that can change the taste of authors who are used to writing articles on classical topics and guide them towards writing reviews and analyzing opinions. We imagine that this arena provides more opportunities for the servants of truth and justice. The magazine is indebted to your great efforts.