In this paper, the conflict between the judge's knowledge and other evidence of legal proof with an approach to the jurisprudential and ethical principles has been investigated. In the process of this research, the ethical, legal and jurisprudential issues and concepts
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In this paper, the conflict between the judge's knowledge and other evidence of legal proof with an approach to the jurisprudential and ethical principles has been investigated. In the process of this research, the ethical, legal and jurisprudential issues and concepts in the direction of realization of the research foundations and the subject are presented and according to The moral principles, jurisprudential arguments, and the principled rules of the authority of the judge's knowledge have been violated, with the statement that when claims with supposed arguments such as confessions and binetry that are incompletely explicable can be proved, then the first is the knowledge of the judge who has the whole Kashfit Is true. Therefore, during the process of hearing and issuing a vote, the necessity and necessity of realizing the persuasion of the judge's conscience is inevitable for the discovery of the truth, and this persuasion is based on moral standards such as patience, justice, justice, equality, and so on. Why The lack of these matters can be a barrier to the judge's knowledge of his conscience, for example, a judge who does not have a moral and social justice, will not be the judge of justice in the first instance.
The priority of science has been proved by the judge's suspect and prioritization of Binet and the Emirates, Rahjān and the priority of the judge's knowledge. After verifying the priority of the judge's knowledge, based on the principles of jurisprudence and ethics that underlie their judgments, they can be innovated and redistributed. This study, as a judge and court judge, especially where the legislator has held silence as a conflict, finds that the judge can handle the priority of judge's judgment.
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