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List of Articles
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Open Access Article
1 - Victimization of women in the national and transnational realm with emphasis on criminological theories
Mahdiyeh Vejdani fakhr Shahrdad Darabi Ali Najafi TavanaField and Aims: From the second half of the twentieth century, criminologists changed their views on crime and considered crime as something beyond the offender, and in this regard, the victim was also considered. The purpose of this study is to explain the victimizatio MoreField and Aims: From the second half of the twentieth century, criminologists changed their views on crime and considered crime as something beyond the offender, and in this regard, the victim was also considered. The purpose of this study is to explain the victimization of women with emphasis on criminological and victimological theories. And theories of rational choice, routin activities and lifestyle are known as theories of crime opportunities, and the theory of victim precipitation is defined as the victimilogical theory. In this article, these theories are used as the most important basis for victimization of women.Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: According to the theory of victim precipitation, the victim has a role in the process of committing criminal behavior, and according to this role, the victim deserves blame, and the victim's actions, such as age, gender, are the primary characteristics that can make her a target for crime. her position in situations that make it difficult for her to make optimal decision.. But regardless of their role as provocateurs or facilitators or lifestyles, women deserve differential support because of their vulnerability characteristics. And opportunity theories, in addition to acknowledging that crime opportunities can belong to different domains, claim that opportunity factors interact in different domains. Manuscript profile -
Open Access Article
2 - Criminal protection of fixed oil platforms located in the continental shelf area
amir shakery محمدرضا sh hasan poorbafraniField and Aims: The location of fixed oil facilities located in the continental shelf area outside the territorial jurisdiction of the coastal state creates limitations in the field of criminal protection for them. In this article, by using international documents and r MoreField and Aims: The location of fixed oil facilities located in the continental shelf area outside the territorial jurisdiction of the coastal state creates limitations in the field of criminal protection for them. In this article, by using international documents and rules related to the cross-border implementation of criminal laws, the capacities of domestic laws in the field of criminal protection of these facilities have been examined. Based on this, we are going to investigate what criminal protection has been done in the regulations of the fixed oil platforms located in the continental shelf area?Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: Although the international custom has established the necessary mechanisms to apply criminal jurisdiction over these facilities in the form of the so-called Protocol to Combat Illegal Acts against the Safety of Fixed Oil Platforms in the Continental Shelf Region, an addendum to the Convention against Illegal Acts against Maritime Safety approved by Rome in 1988, but despite our country's accession to this protocol and its emphasis on criminal countermeasures against the act contained in the protocol by the member countries, no action has been taken regarding the criminalization of these acts in our criminal law and the possibility of using Its capacity in criminal protection has been taken away from this facility. Also, due to the lack of provision for these facilities in the cases of the actual jurisdiction of applying the Islamic Penal Code and the absence of any other specific law in this field, currently our criminal law in the field of protecting these facilities is facing a legal gap and only by resorting to legal generality. You can support them. Manuscript profile -
Open Access Article
3 - Etiology of macroeconomic corruption and providing social preventive solutions: Looking at the United Nations Convention to Combat Corruption
علیرضا دودانگه مریم Bejestani reza ziyariField and Aims: Today, the emergence and spread of macro-economic corruption in the country with large dimensions and numerous criminal titles has become news through mass media, especially in the virtual space, and inflames the psychological atmosphere of the society. MoreField and Aims: Today, the emergence and spread of macro-economic corruption in the country with large dimensions and numerous criminal titles has become news through mass media, especially in the virtual space, and inflames the psychological atmosphere of the society. Therefore, to prevent and fight against this sinister phenomenon, the etiology of economic corruption is considered the first and most important step, and the responsible institutions in the prevention and fight against economic corruption can definitely know the cause. The causes of economic corruption should take basic and effective measures to deal with this problem.Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: several reasons from the individual, cultural and social, political and economic dimensions for the occurrence of macroeconomic corruption can be counted, as well as things such as education and raising the level of public awareness, the role of civil institutions in preventing macroeconomic corruption, Equipping the media and developing codes of conduct are among the solutions for social prevention of macro-economic corruptions, which are emphasized in the United Nations Convention on Combating Corruption. Manuscript profile -
Open Access Article
4 - The relation of publicity rule in the legal system of Islam, Iran and western countries from the point of view of government costs and proceedings
Peyman Haj Mahmoud Attar Batul Pakzad Fethullah RahimiField and Aims: The purpose of this research is to investigate the rule of publicity in Islamic law and Western law from the perspective of government and legal costs. Today, in legal criminal policy, the economy of crime is one of the important issues, and the costs of MoreField and Aims: The purpose of this research is to investigate the rule of publicity in Islamic law and Western law from the perspective of government and legal costs. Today, in legal criminal policy, the economy of crime is one of the important issues, and the costs of criminalization, criminalization, and method should be considered. Less expensive ways to fight crime should be considered. One of the criminal measures that exist in all legal systems, both Islamic law and Western law, is to make public the crimes committed by criminals, especially those who commit crimes against state and public property or deprivation of public safety and comfort. In Islamic law and Western law, this is called the implementation of the rule of publicity.Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: The rule of publicity in reducing the costs of crime has been subjected to comparative research from the perspective of Islamic jurisprudence, Iranian law and Western law, and the findings indicate that in many cases, people who are prone to commit crimes by observing the punishment of the convicted are made public. have given up committing crimes, and publicizing the execution of punishments has reduced the commission of crimes and prevented many of their types. Manuscript profile -
Open Access Article
5 - Jurisprudential study of foreign investment and the environment and their legal relations with each other
seyed sajjad khaloei tafti reza aqaabbasi reza shamsiBackground and Aim: In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of th MoreBackground and Aim: In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of the environment, which is contrary to the jurisprudential and religious principles of our country should also be addressed; Therefore, it is necessary to conduct this research to provide the necessary legal solutions to reduce and eliminate the negative effects of foreign investment on the environment, so that an effective step can be taken to manage foreign investment while maintaining environmental considerations.Method: In this research, analytical and descriptive methods have been used.Findings and Results: Considering the importance of foreign investment and its impact on the environment in recent decades, we decided to first examine the position of Islamic law on foreign investment and developments in the environment with reference to jurisprudential sources and then Explain and analyze the impact of foreign investment on environmental degradation and the proposed solutions in order to take an effective step towards balancing the environment and the flow of foreign investment according to the jurisprudential and legal principles for our country. Manuscript profile -
Open Access Article
6 - Assessing the legislative criminal policy of Iran and the European Union against cybercrime
navid deylami moezi mahdi esmaeili hassan hajitabarBackground and Aim: The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its e MoreBackground and Aim: The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its expansion has caused various damages in Communities have become. The present study intends to prevent and deal with these crimes and the damages caused by them and how to formulate criminal policies on cybercrime in the context of the legislative criminal policy of Iran and the European Union in order to take the lead of this union in the fight against crime. Cyberspace and the development of an efficient criminal policy system can also benefit from their experiences in eliminating the weaknesses and gaps in the country's criminal policy in dealing with cybercrime.Method: The present study is written by descriptive-analytical method.Findings and Results: The study indicates that the strength and correlation of the range of criminal policies adopted in the European Union, given the history and antiquity of legislation and the fight against cybercrime, is greater and deeper than the Iranian penal system. Iran's legislative criminal policy based on criminal policy and distancing itself from non-criminal preventive measures and not adopting situational and social preventive measures of crime and lack of proper understanding of the law inability to predict emerging crimes in the future and the culture of misuse of space Cyber is one of the main reasons for the inefficiency of Iran's criminal policy. Manuscript profile -
Open Access Article
7 - Analysis of jurisprudential principles of criminal responsibility of governments
mahmood mohamadi jorjafaki Ruhollah afzali goroh majid khazaeiBackground and Aim: In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as wa MoreBackground and Aim: In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as waqf, treasury and government; However, using the logic of inference, solid reasons can be provided for this issue with strong jurisprudential support. In this article, the authors seek to answer the question of what jurisprudential basis is the attribution of criminal responsibility to governments?Method: The present study has been compiled by descriptive-analytical method with library study.Findings and Results: The authors, while typologizing government crimes and expressing the acceptance of the legal personality of the government in Islamic jurisprudence and also accepting the ability to assign criminal responsibility to governments, to general jurisprudential principles such as the book and tradition and specific jurisprudential principles including the rule of ta'zir The Deputy Prime Minister, the rule of expediency, the rule of invalidity, the responsibility for the conduct of another person, the rule of maintaining order, criminal justice and finally the morals have been discussed and the research results confirm that the criminal responsibility of governments - They have been legislated after 1392 - from the perspective of Islamic jurisprudence, it also has validity and legitimacy. Manuscript profile -
Open Access Article
8 - The globalization of human rights standards and its effects in Iran's legal system
shabodin qasemi zeinab poor Khaghan Shah Rezaei leila raisiField and Aims: The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, MoreField and Aims: The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, obstacles such as giving authenticity to cultural relativism and favoring a specific culture and legal system are an obstacle in this way, that is, the influence of international laws and regulations on the field of domestic law. Different parts of a coherent legal and judicial system, as they exist in internal law, can also be seen in the international law system in a different way. In Iran's legal system, many values of international law have been effective on the approval and change of procedural and substantive laws.Method: The research method is descriptive and analytical.Finding and Conclusion: The main research question is what are the effects of the globalization of human rights on Iran's legal system? The author's hypothesis is that the components of human rights have found a global form as norms of international law. And although it could not affect the constitution It has affected the internal system and especially the human rights of the countries It has affected the internal system and especially the human rights of the countries. Manuscript profile -
Open Access Article
9 - Analyzing the legal rules governing the remedy caused by the termination of the contract and predicting its breach with emphasis on international documents
hadi roosta sjafar hashemi امیر محمد sediqianField and Aims: Today, businessmen in their international exchanges often use the contract of sale, which is sometimes breach by one of the parties, And inevitably, to compensate for the damage, compensation methods should be used in different systems of the world. In t MoreField and Aims: Today, businessmen in their international exchanges often use the contract of sale, which is sometimes breach by one of the parties, And inevitably, to compensate for the damage, compensation methods should be used in different systems of the world. In this regard, compensation for contractual damages has been fully accepted in most legal systems and international documents, which include the principles of European contracts and the principles of international commercial contracts, as well as the Convention on the International Sale of Goods But in Iran, internal legal rules are still used when necessary which has caused legal challenges in this regard.Method: The present research was carried out with a descriptive analytical method.Finding and Conclusion: The findings of the present research showed that the principles of international documents that are important in the enactment of laws and principles governing contracts in terms of anticipating violations and termination and finally compensation have not been included in the legal rules of the subject as it should be, because the review and analysis The assessment of damages caused by breach of contract in Iranian law compared to international documents indicates the weakness of Iran's legal system, as a result of the need for Iran's judicial system to apply international principles and documents and legal rules governing contracts in line with commercial and economic interactions at the international level. And compensation for damages caused by breach of contract is necessary. Manuscript profile -
Open Access Article
10 - Challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights
seyed milad javaheri abbs shekholeslami jafar kushaField and Aims: Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and rel MoreField and Aims: Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and religion, on the one hand, makes this branch of law have the nature of human rights And on the other hand, by concluding various conventions, it will have the nature of international law. The aim of the current research is to investigate the challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights in the territory of Iran's criminal system.Method: The present research was done with descriptive and analytical method and using library resources.Finding and Conclusion: The findings of the research indicate that in the process of legal unification of domestic and international systems, some challenges in the field of criminalization of crimes that violate humanitarian rights and criminal responses in external and internal dimensions and in legislative axes. , judicial and executive available. The challenges are mainly rooted in political, fundamental, ideological, legal and structural dimensions that sometimes conflict with each other and make the process of integrating international rules into the domestic legal system difficult. Statistics of crimes and compilation of humanitarian criminal laws, compilation of special laws to protect women and children during peace and war and compilation of appropriate and fair criminal responses by using dynamic inference in Shia jurisprudence, together with considering the rule of sanctity and rejection of religion and Also, reforming the judicial structures is one of the basic solutions to overcome the challenges. Manuscript profile -
Open Access Article
11 - The Security Council's approach to the rule of law in the field of human rights, with an emphasis on the rights of women and children
Hossein Malekshahi Farid Azadbakht هنگامه ghBackground and Aim: The Security Council is essentially a specific or status-oriented pillar under the Charter, in other words, the member states have asked that pillar to respond to a particular situation or dispute.However, in the aftermath of the Cold War, the Counci MoreBackground and Aim: The Security Council is essentially a specific or status-oriented pillar under the Charter, in other words, the member states have asked that pillar to respond to a particular situation or dispute.However, in the aftermath of the Cold War, the Council occasionally issued resolutions aimed not at resolving disputes between two or more members or in a situation that endangered international peace and security, but at preventing threats to peace or diplomacy. Peace building is preventive. In fact, these resolutions have a specific audience, such as women and children. Method: The present article tries to explain the mentioned resolutions in a descriptive-analytical way.Findings and Results: Determining that these resolutions do not seek to resolve an issue related to a particular situation, but rather to resolve an issue and problem that is spreading in the international community and its repetition or increase in number can lead to peace and security. Be internationally influential. Manuscript profile -
Open Access Article
12 - بایستههای فقهی و قانونی تصدی ریاست دیوان عدالت اداری: با نگاهی به قانون فرانسه
rasoul yazdani Manuchehr Tavassoli Naini masoud raeiزمینه و هدف: دیوان عدالت اداری را میتوان یکی از سازو کارهای کنترلی و نظارتی مهم جلوگیری از نقض قانون اساسی برشمرد. در این میان نقش رئیس دیوان عدالت اداری از اهمیت بسزایی برخوردار است. بر این اساس در این پژوهش به این امر می پردازیم که چه بایسته های فقهی و قانونی برای تص Moreزمینه و هدف: دیوان عدالت اداری را میتوان یکی از سازو کارهای کنترلی و نظارتی مهم جلوگیری از نقض قانون اساسی برشمرد. در این میان نقش رئیس دیوان عدالت اداری از اهمیت بسزایی برخوردار است. بر این اساس در این پژوهش به این امر می پردازیم که چه بایسته های فقهی و قانونی برای تصدی ریاست دیوان عدالت اداری در نظام حقوقی ایران وجود دارد؟ در این راستا نگاهی نیز به قانون فرانسه خواهم داشت.یافته ها و نتایج: برای تصدی ریاست دیوان عدالت اداری بر طبق مر و نص قانون، تنها شرط لازم، سابقه قضایی بیش از 27 سال است. در کنار این شرط، وصف دیگری در متون قانونی مطرح نشده است. اما در سپردن صلاحیتها و بیان شرح وظایف ریاست این دیوان، بنظر می رسد تصویری که قانون گذار از ریاست دیوان در ذهن داشته است، علاوه بر تبحر حقوقی و قضایی، تخصص فقهی و مدیریتی را نیز در خود جای می دهد. این مقاله با بررسی متون قانون از جمله آیین دادرسی و تشکیلات دیوان عدالت اداری، قانون نظام هماهنگ پرداخت و قانون مدیریت خدمات کشور، و نیز با تفسیر ماهوی از اصل حاکمیت قانون، در کنار استفاده از قواعد و اصول فقهی همچون قاعده منع تقدیم افضل بر فاصل، به این نتیجه می رسد که سکوت قانون در بیان شرایط فقهی و مدیریتی لازم برای ریاست دیوان عدالت اداری، از الزام در نظر گرفتن این صفات برای انتصاب افراد به این منصب نمی کاهد. Manuscript profile -
Open Access Article
13 - The structure of the legislative pyramid of oil and gas ownership and its correlation with the category of anfal
sh Fashkhorani طاهره salimi ts naimiOne of the important issues in Islamic society is the natural capital of a society. Valuable resources such as oil and gas are also included in these funds. In addition, Anfal is considered as one of the most important national capitals on which many policies of the cou MoreOne of the important issues in Islamic society is the natural capital of a society. Valuable resources such as oil and gas are also included in these funds. In addition, Anfal is considered as one of the most important national capitals on which many policies of the country's administration and economy depend. In addition, the principle of permanent sovereignty over natural resources means that countries with natural resources have the right to control, extract and sell natural resources in their territory. In the legislative structure, oil and gas resources can be connected to Anfal in the formulation of its law. This connection is based on rules or rational criteria (such as Sirah. The application of reasons indicating the process of reviving dead resources. It is against the requirements of private ownership of the category. Anfal, etc.) Moreover, the criterion of narration (the context and meaning of the verses and traditions related to it) the ability to establish. It is implemented. Manuscript profile -
Open Access Article
14 - خسارت تأخیر درانجام تعهدات قراردادی در حقوق ایران و کنوانسیون بیع بین المللی
majid safavi saleh yamerli chamran rafeyporزمینه و هدف: از نقض تعهدات قراردادی با عنوان مسئولیت قراردادی یاد می شود که در مسئولیت قراردادی فعل زیانبار غالبا بصورت ترک فعل مانند تاخیر یا عدم اجرای تعهد یا نقض اجرا می باشد. هرگاه در نتیجه تاخیر یا عدم اجرای قرارداد و پیمان شکنی یک طرف به طرف دیگر خسارت برسد، متخلف Moreزمینه و هدف: از نقض تعهدات قراردادی با عنوان مسئولیت قراردادی یاد می شود که در مسئولیت قراردادی فعل زیانبار غالبا بصورت ترک فعل مانند تاخیر یا عدم اجرای تعهد یا نقض اجرا می باشد. هرگاه در نتیجه تاخیر یا عدم اجرای قرارداد و پیمان شکنی یک طرف به طرف دیگر خسارت برسد، متخلف باید آن را جبران کند. این امرنه تنها در مقررات داخلی بلکه در کنوانسیون بیع بین المللی کالا نیز مورد توجه قرار گرفته است. بر این اساس در این مقاله به بررسی این امر می پردازیم که خسارت تاخیر در اجرای تعهدات قراردادی از چه معنا و مفهومی برخوردار بوده و در نظام حقوقی ایران و کنوانسیون بیع بین المللی کالا از چه جایگاهی برخوردار است؟یافته ها و نتایج: هرگاه نقض قرارداد ناشی از عدم انجام تعهد یا تاخیر در اجرای تعهد از ناحیه یکی از طرفین قرارداد موجب خسارت به طرف دیگر شود، وی حق مطالبه و جبران خسارت را دارد. این حق مطالبه خسارت جدای از سایر طرق جبرانی نظیر اجرای اجباری و فسخ قرارداد است. در خصوص شرایط خسارت تاخیر در اجرای تعهدات قراردادی در قانون ایران به مواردی چون اثبات تقصیر، قابل پیش بینی بودن و احراز رابطه سببیت توجه می گردد. از منظر کنوانسیون بیع بین المللی کالا و اصول قراردادهای تجاری بین المللی، هدف جبران خسارت، قرارگرفتن زیاندیده در موقعیت اجرای قرارداد است و بر این مبنا «نظریه جبران کامل خسارت» پذیرفته شده که بر اساس آن، زیان دیده علاوه بر زیان های وارده، هرگونه Manuscript profile
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