List of Articles محمد شمعی

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  1 - The impact of ideology on criminal legislation with an approach to modern political thoughts
  Mohammad Shamei Kourosh Moalemi Shahanghi Mohammad
  The relationship between government ideology and criminal legislation, due to its interdisciplinary nature and interaction with public law and political science on the one hand, and interaction with criminology on the other hand, has found less room for discussion and a More

  The relationship between government ideology and criminal legislation, due to its interdisciplinary nature and interaction with public law and political science on the one hand, and interaction with criminology on the other hand, has found less room for discussion and analysis in the country's scientific and academic societies; Therefore, in this article, after knowing the concept of ideology, the impact of the ideology of the government on the process of criminal legislation is investigated in different historical periods. With the development of increasing government interventions in the personal and social life of citizens, this important question is raised that in relation to the establishment of laws in the field of criminal law, the legislator is influenced by what factors and what principles he is subject to. In this area, we will mention the factors affecting the process of criminal legislation (criminalization). Regardless of presenting a segmented model of political, economic, etc. factors, we can talk about the influence of ideology as an effective political factor on law enforcement. The research method is descriptive and analytical. Manuscript profile
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  2 - Practitioners of human rights based on the constitution in private law
  Mohammad Shamei Neda Mojahed
  In today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct More

  In today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct and indirect ways. In the direct effect of fundamental human rights, it is directly effective in contractual relations. The problem with this method is that it violates the independence of private rights. The influence of fundamental human rights is shown indirectly through the interpretation of the rules of contract law; One of the advantages of this method is maintaining the independence of private law as a pure knowledge, which has been the focus of positivists or positivists. In this article, after explaining the concepts of human rights and fundamental human rights, the authors have pointed out the relationship between fundamental human rights and private rights, and finally, they have discussed the way of applying the rules of fundamental human rights to private contracts. The research method is descriptive and analytical. Manuscript profile
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  3 - Mechanisms governing the use of online arbitration with an approach to transnational commercial documents
  Mehdi Nazemizadeh Mohammad Shamei
  The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the eff More

  The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the effective resolution of disputes in low-cost and quick ways. One of the effective ways to solve the problem of delay in judicial systems, to speed up and be cost-effective, is to use the arbitration mechanism. Arbitration, in simple language, means resolving disputes outside the court, which has been widely welcomed for the reasons mentioned above. Arbitration, like all areas of modern life, needs to be developed and reconstructed, in line with the progress of science and technology, and in this regard, various laws and special legal systems have been formulated to facilitate the resolution of disputes using online arbitration. In electronic commerce, the arbitration clause is often included in the general terms of the contract, which are requested and accepted by electronic means. Therefore, in assessing the validity of the arbitration clause, the question is raised whether the nature and electronic procedure of the contract actually enables the informed consent of the parties, and whether the arbitration clause that was sent using a computer screen without having a real copy meets the formal and formal requirements of a written document. he does? In this article, the explanation of this issue is mentioned in a descriptive and analytical way. Manuscript profile