نوع مقاله : نقد رای وحدت رویه
نویسنده
پژوهشگر پژوهشگاه رویان، پژوهشکده زیست شناسی و علوم پزشکی تولید مثل جهاددانشگاهی، مرکز تحقیقات پزشکی تولید مثل، گروه اخلاق و حقوق
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In the "Medical Council of Islamic Republic of Iran Act" 2004, there are a Quasi-Judicial tribunal (Guild Court) for medical professional and disciplinary violations, including three-stages trial: the primary disciplinary board, appeals board, and then the supreme board. Although Article 40 of this Act, declared that Supreme Board’s decisions are final judgment, the supplementary note of article 40 in 2005 declares that such final decisions are "Appealable in the Court of Appeals". In the interpretation of this note, a difference was occurred amongst some appeal courts; based on whether the jurisdiction of the appeals court in proceedings, is only "supervisory procedural on law" or is "substantive" (=on the merits). Unification of Judgments Decision number 797 from the Supreme Court’s General Board, held that the word of "Appealable" in the note, has used in its ordinary meaning, and therefore is subjected to general rules in Procedure Act. As a result, the court of appeals considered inherit jurisdiction to substantive proceedings. But considering that: 1. Quasi-Judicial nature of the medical council's disciplinary boards, into the court of appeals status and position; 2. The disciplinary board's specialized jurisdiction to guild matters; 3. The terminological concept of “Appeal” in reviewing non-final orders; 4. Judicial custom and principles of procedure predicates that proceedings in "Third Tribunal" generally is restricted to procedural supervision "on law"; 5. Futility in four-stage substantive trial in guild matters; 6. And finally, justifiability of procedural supervision on-law in the appeals court; It seems that attributing regulatory and supervisory position to court of appeals is more consistent with the principles of procedure and judicial customs, and practical considerations. This article intends to justifying the latter interpretation based on the descriptive and analytical methods and using documentary sources. Main arguments are based on deduction and induction, and referring to principles of procedure.
کلیدواژهها [English]
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