XML
-
-
List of Articles
-
Open Access Article
1 - The Structure of Urban Planning System in the Context of Social Harm (Zemiology)
JAVAD AZAM SADEGHI Abbas Sheikholeslami hamidreza mirzajaniThe theory of Zemiology (social harm) goes beyond the discourse of "crime" and "criminals" to study the significant physical, mental, and economic harms resulting from structures. It provides solutions for reforming and changing the criminal justice system and preventiv MoreThe theory of Zemiology (social harm) goes beyond the discourse of "crime" and "criminals" to study the significant physical, mental, and economic harms resulting from structures. It provides solutions for reforming and changing the criminal justice system and preventive measures based on structural reform. Despite the majority of the country's population living in cities and the effects of harm in the urban planning domain, research on the structure of the urban planning system, including urban planning and management systems, from the perspective of social harm has not been observed. In this study, the structure of the urban planning domain has been examined using a descriptive-analytical method. The structure is based on organizational conflicts of interest placing the urban planning system at a crossroads between combating violations or generating revenue from these areas, leading to the approval of urban development plans that are the source of many violations resulting in harm to the urban planning domain, the reactive approach of legal bodies and relevant authorities in combating violations and crimes in the urban planning domain, absence of preventive mechanisms for under-construction and operational buildings are among the most significant structural causes in urban planning systems that have led to the creation and increase of harmful factors such as marginalization, construction and persistence of unsafe and non-standard buildings, air pollution in cities, and an increase in damages and casualties resulting from earthquakes, floods, fires, etc., in cities. Reducing harm from the urban planning domain requires reforming the structure of this domain, and in this study, some of the most important reforms Various strategies have been explained and suggested. Manuscript profile -
Open Access Article
2 - The Access of Refugee Victim Women to Criminal Justice; Challenges and Solutions(Reflecting on the International Documents)
Zahra Ansarifar Samira Golkhandan Akbar RajabiThe purpose of the following article is to explain the situation of refugee women in terms of victimization and their access to criminal justice. Refugee women, due to the special situation they are in, are considered a suitable target for criminals and the possibility MoreThe purpose of the following article is to explain the situation of refugee women in terms of victimization and their access to criminal justice. Refugee women, due to the special situation they are in, are considered a suitable target for criminals and the possibility of occurrence of crimes against them is always assessed at high level. These women, who are a special, sensitive and vulnerable stratum, must have the conditions of full access to justice, especially in terms of criminal justice. This article, by focusing on national and international legal documents and analyzing the information obtained from them, examines the situation of refugee women in terms of victimization and the challenges beyond them, in accessing criminal justice and efforts to achieve the solutions of solving the addicted challenges. The findings show: although refugee women need special legal and judicial support due to the experience of various violence and the increase probability of repeating the experience of victimization and their access to criminal justice faces many challenges, but still the criminal systems don’t provide the necessary platforms for protection of the rights of this group of victim women. Manuscript profile -
Open Access Article
3 - Examination of Chastisement Right of child in Imami Jurisprudence, law of Iran and International law
hasan falah Seyed Javad Seyed Alizadeh Ganji Behnam GhanbarporFrom an aspect of expedience, the right to punishment is an issue that exposes children's rights to danger and abuse in national and international realms. On the other hand, chastisement of child and harming the health of the child's body and soul is an issue that paren MoreFrom an aspect of expedience, the right to punishment is an issue that exposes children's rights to danger and abuse in national and international realms. On the other hand, chastisement of child and harming the health of the child's body and soul is an issue that parents and guardians are clinging to it for exercising their own taste and also to disavowal their responsibility. Of course, this issue is not the same everywhere, but providing a pattern for judicial exploitation in public dealing with this phenomenon is one of the important issues of the rights of the child. In Iran’s law, on the subject of chastisement right, without considering the foundations of guardianship of the child, there isn’t distinguish between parent or other guardians. So according to mentioned aspect, the reformation of Article 9 of the »Child and Adolescent Protection Law« and Article 158 of the »Islamic Penal Code« is proposed. Manuscript profile -
Open Access Article
4 - Basics and Examples of Justifiability of Criminalization of Crimes against Security
shima moradifar Javad Tahmasabi mohammad ali mahdaviIt seems that criminalization is not possible based on only one basis and opinion and for criminalization of crimes, attention should be paid to integrated or mixed theories. As these statements are more dexterous and efficient for justifying and explaining the basics a MoreIt seems that criminalization is not possible based on only one basis and opinion and for criminalization of crimes, attention should be paid to integrated or mixed theories. As these statements are more dexterous and efficient for justifying and explaining the basics and the defect of one-dimensional looking is also solved. According to the current requirements of the Iran’s society and the threats toward country today and with considering the current security and military structures of the modern world, some of the behaviors are criminalized which lead to creating a threat for country's internal and external security. In customary and western law, many basics have been mentioned, however, the basics and examples that have the justifiability of criminalization of crimes against security and can be put in a logical combination are: the principle of welfare, the principle of damage, legal expediency and perfectionism. Legalism and its examples include: the necessity of establishment of an Islamic government and its preservation, the necessity of preserving the security of society, the necessity of preserving the territorial integrity and independence of the country, the necessity of preserving the popularity and political and economic power of the country. Manuscript profile -
Open Access Article
5 - Examining civil Responsibility and Method of Compensation caused by the Fault of the Government in the Spread of the Covid-19 Virus
Mojtaba Maghsoodi Hamid SoleymaniThe spread of the Covid-19 virus at the end of 1398 and many damages it caused to individuals is an important issue that requires a special examination about the role and extent of the government's fault in the spread of this disease. In the current research, an attempt MoreThe spread of the Covid-19 virus at the end of 1398 and many damages it caused to individuals is an important issue that requires a special examination about the role and extent of the government's fault in the spread of this disease. In the current research, an attempt has been made to investigate the literature of Shia jurisprudence and internal law, with a look to international law, the different dimensions of the government's civil responsibility due to the fault in the spread of the disease of Covid-19 and the extent of the government's responsibility in compensating the damages caused by the fault of the government in the spread of this virus. The following article, in a descriptive and analytical method by using the documents and library resources, while explaining the covid-19 and the government's responsibility, examines the civil responsibility of the government, its scope and method of compensation caused by the government's fault in the spread of the covid-19 virus. Examining the Shia jurisprudence sources and internal law, shows that there are several foundations and documents for the civil responsibility of the government, due to the fault in the spread of the corona virus and regarding the extent of the government's responsibility, considering the lack of separation between administrative and sovereign acts for the government in Jurisprudence, contrary to internal laws, while occupying government’s fault and damages caused by the government's fault about the victims of the Covid-19 virus, the rule of fairness is that each of the government and the injured victims are responsible to the extent of their fault and If none of them are guilty, the compensation is from the treasury. Manuscript profile -
Open Access Article
6 - Legal and Jurisprudence Examination of Damages Caused by Lack of Profit
amin najafian mansoore darabiLack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are MoreLack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are enumerated as losses. Harm is a customary title, and custom also considers certain lack of profit as one of the evidences of harm. The most important jurisprudence reason to prove the necessity of compensating the lack of profit is adherence to general principles and rules, such as: the basis of the wise and the rule of La-Zarar and the lack of profit is also included in the application of La-Zarar. Article 267 of the »Civil Procedure Law« also does not consider the lack of profit to be claimed; but it seems that it is possible to present an interpretation in accordance with the general principles and rules and considers the Articles of the »Civil Procedure Code« to uncertain lack of profit and the article 9 of the »Criminal Procedure Code «to certain lack of profit and separates definite and non-definite lack of profit from each other. Some experts consider lack of profit as damage, so they consider its compensation necessary. Mutually, some others do not consider lack of profit as damage. Damages caused by breach of contract can also be claimed and the most important reason for the possibility of obtaining contractual damages is that in fact, such damages are lack of profit and just as it is possible to claim damages caused by lack of profit, it is possible to verdict on the necessity of compensation in different ways. Manuscript profile
-
The rights to this website are owned by the Raimag Press Management System.
Copyright © 2021-2024