The role of the judge in studying evidence and discovering the truth by looking at the principles and rules of transnational civil procedure

the basic pillar of settling claims is evidence to prove the claim; Evidence based on actual discovery. The religion of Islam has also assigned the task of settling the case to the judge and has made his criterion to apply the law. In accordance with the orders of Islam, the legislator has placed the laws on the basis of discovery and by giving authority to the civil judge to discover the truth, the chapter of hostility as Choose the last solution, because the season of hostility is not the purpose of the proceedings but its necessity.

The present research was carried out with a descriptive analytical method.

In order to unify the rules of civil and criminal proceedings and trust in the judge's knowledge, the rules limiting the judge's discretion are decreasing. In this research, with a new analysis of the rule of prohibiting the study of evidence and its difference with insinuation of evidence, the role of the judge in obtaining evidence and discovering the truth has been addressed, and the findings indicate that the active role of the civil judge in the trial and judicial evaluation of civil evidence, such as criminal evidence, It has been accepted in accordance with the English judicial systems and transnational civil procedure; In Iranian law, with a new approach in the rule of prohibition of proof, identification of loopholes and evolution in the law of civil procedure, the high goal of the procedure can be achieved.