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Open Access Article
1 - Effective conditions and factors on tax policies implementation
G. Memarzade H. Taherpour KalantariFor finding effective factors on implementation of tax policies, approved by parliament, first, inconsideration to theory bases, researcher fined 36 variables. Based on these variables, a questionnaire with167 questions was provided. In consideration with 233 tax rules, MoreFor finding effective factors on implementation of tax policies, approved by parliament, first, inconsideration to theory bases, researcher fined 36 variables. Based on these variables, a questionnaire with167 questions was provided. In consideration with 233 tax rules, 350 auditors and chief auditors of TaxOrganization of Tehran (sample size), implementing tax rules, answered the questions. Using of Varimaxmethod of Factor Analysis, 167 questions was formed 12 factors: 1) transparency of tax rules and policies, 2)organizational leadership and attention to community culture and participation in policy making, 3) social –political conditions and people support, 4) importance of implementing organization for other organizationsand constitutions, 5) commitment of implementing organizations and their management to policyimplementation, 6) attitude of personnel of implementing organization, 7) cooperation and consentienceclimate in organization, 8) tendency and motivation of personnel of implementing organization, 9) diversityof taxpayers and dependent organizations, 10) time limitation and guaranty of implementation, 11) economicconditions, and 12) knowledge of personnel of implementing organization. Variance of these factors was49/7. Manuscript profile -
Open Access Article
2 - Provide a Local Model for the Implementation of Judicial Policies: Using thematic Analysis and Fuzzy Delphi Approach
roghaye keshvarianazad Akbar Etebarian mehraban hadi paykani mojtaba shahnoushi. Background: The judiciary roles a significant role in the policy implementation process, According to the mission of the judiciary and the conditions prevailing in the country, the implementation of policies in this judiciary is of particular importance. The purpose o More. Background: The judiciary roles a significant role in the policy implementation process, According to the mission of the judiciary and the conditions prevailing in the country, the implementation of policies in this judiciary is of particular importance. The purpose of this study is to present a Native pattern of judicial policy implementation: using the application of of Theme analysis and fuzzy Delphi approach. research method: Therefore, first in the qualitative part of the research, using in-depth semi-structured interviews with experts in the judiciary, the necessary information was collected and with the aim of extracting elements and components of the model, this information was based on Theme analysis method at three levels: basic, organizer and comprehensive Was coded. The Statistical Society of the study includes 26 experts in the field of policy implementation. Purposeful sampling has been used to screen and validate the network of themes using three rounds of fuzzy Delphi technique. . Results: Data analysis Finally to count of 153 basic themes, 36 organizing themes, 8 comprehensive themes and the formation of a theoretical model. . Conclusion: The results show that judicial network governance, executive policies, citizens, personal characteristics of judges, executive structure, executive actors, staff empowerment and cultural and religious principles are effective factors in the local pattern of judicial policy implementation in the judiciary. Manuscript profile -
Open Access Article
3 - Effect of Media and Press on Criminal Decisions of Judges and Enforcement of Judgments Based on Justice
Vahideh Tarzaminezhad Shahram JamshidiThe Judiciary and Justice Administration as authority dealing with litigations and complaints (against justice) of people and authority for dealing with people’s legal and criminal complaints and disputes has a very important position in Iranian legal system simil MoreThe Judiciary and Justice Administration as authority dealing with litigations and complaints (against justice) of people and authority for dealing with people’s legal and criminal complaints and disputes has a very important position in Iranian legal system similar to the most countries and benefitting from justly, independent proceeding system and competent justice along with criteria and norms of human rights for dealing with litigations will realize justly proceeding and judicial justice. For this purpose, main object of the judiciary is preserving the judicial independence and attention to legal fundamentals and principles in procedural law based on impartiality principle that sometimes faces problems as executor of justice for justifying its performance, actions, plans and programs as well as execution of judgments of accused, in media space-makings. In this connection, essentially, this question is propounded that “if media and press affects independence of the judiciary and enforcement of judgments based on justice?” For its prediction, data was collected based on descriptive-analytical method using library references as noting. Results indicated that damaging the judicial independence and judging in some cases is made by media space-makings. Manuscript profile -
Open Access Article
4 - The right of the couple to recourse to reciprocal divorce in Islam and jurisprudence
Ahmad Yousefi Sadeghloo saman karimiیکی از احکام خانواده در شرع اسلام طلاق رجعی است. شارع اسلام برای حفظ مصلحت استحکام خانواده، طلاق رجعی را بهعنوان اصل قرار داد تا ادامه زندگی زناشویی را با رجوعی ساده در مدت عده امکانپذیر سازد. ماهیت حقوقی رجوع، یک عمل حقوقی یکطرفه (ایقاع) و مبتنی بر قصد است. در قوانین Moreیکی از احکام خانواده در شرع اسلام طلاق رجعی است. شارع اسلام برای حفظ مصلحت استحکام خانواده، طلاق رجعی را بهعنوان اصل قرار داد تا ادامه زندگی زناشویی را با رجوعی ساده در مدت عده امکانپذیر سازد. ماهیت حقوقی رجوع، یک عمل حقوقی یکطرفه (ایقاع) و مبتنی بر قصد است. در قوانین نیز طلاق رجعی مورد پذیرش قرار گرفته و اصل بر رجعی بودن طلاق دانسته شده است جز موارد معدود که طلاق را از حکم رجعی بودن خارج ساخته و آنها را بائن نامیده است. این مطالعه به بررسی حق رجوع زوج در طلاق رجعی در اسلام و رویه قضایی پرداخته است. روش تحقیق بهصورت توصیفی و تحلیلی میباشد. یافتههای پژوهش نشان داد که شارع اسلام و مشهور فقهاء اصل بودن طلاق رجعی را ملاک قرارداده اند و طلاق حاکم را رجعی دانسته و برخی نیز بر حسب نوع طلاقی که حاکم میدهد رجعی یا بائن دانستهاند و از فقهای معاصر تنها کسی که به بائن بودن طلاق حاکم فتوی داده است مرحوم آیتالله خوئی میباشد. قانونگذار در قانون مدنی و قانون حمایت خانواده، طلاق رجعی را پذیرفته است اما در قوانین مربوط به طلاق رجعی، به خوبی به احکام آن توجه نکرده است و این ضعف سبب کوتاهیها و عدم توجه صحیح به طلاق رجعی در دادگاهها و ایجاد رویههای مختلف گردیده است. متأسفانه اغلب در دادگاهها، اکثر طلاقها بهصورت بائن از نوع خلع واقع میشود که میبایست محاکم دادگستری با توجه به شرایط طلاق خلع و اهمیت طلاق رجعی، در رویه خود تغییر ایجاد نمایند. Manuscript profile -
Open Access Article
5 - Protecting the fundamental rights of the nation in the face of the security of criminal policy and the uncontrolled judicial actions of the government
Seyed Mohammad Farrokh Reza Shafiee Salman Kunani Smira GolkhandanThe protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means MoreThe protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means protecting the constitution and the condition of legal development in society, which itself is compatible with measures such as public policy, such as criminal policy. Among the fundamental rights of the nation, which are likely to be violated in the security-oriented approach of criminal policy and exceptions to the rule of law, is the right to liberty and the right to sue. With description; In this article, with a descriptive-analytical method, an overview of the components of each of the mentioned matters and the results of the research indicate that; Despite the security contexts of Iran's criminal policy and the requirements of the rule of law, the reality is that the nation's fundamental rights are not violated and the establishment of participatory criminal policy mechanisms and the rulers' real benefit from religious teachings, as well as the necessary measures to control and monitor more. Exercising judicial oversight by the government can put an end to any possible concerns of violations or deviations from the nation's fundamental rights. Manuscript profile -
Open Access Article
6 - Acceptance of punishment in the criminal justice system
hamid ghorbanpur seyad mohammad mehdi sadati Ali jamadiPunishments are constantly changing due to their variable nature. The emergence of new punishments under the title of alternative punishments to imprisonment, as well as the provision of penal institutions in the legal systems of various countries, including Iran, confi MorePunishments are constantly changing due to their variable nature. The emergence of new punishments under the title of alternative punishments to imprisonment, as well as the provision of penal institutions in the legal systems of various countries, including Iran, confirms the change and expansion of new examples of criminal responses to crime. Among these, the acceptance of new criminal responses among judicial actors is of great importance; So that in case of non-acceptance of new punishments, the implementation of new approaches to punishment in law will be ineffective. Therefore, the acceptance of punishment and its acceptance among judicial actors effective in issuing and enforcing it is becoming increasingly important; Because in different stages from the determination to the execution of punishments, different actors play a role and the attitude of each of them can affect the punishment, the type or even the principle of its execution. For this reason, it is necessary to first carefully study the concept of "acceptability of punishment" and then to address the question of what are the components of punishment and recourse or non-recourse to the various stages of the trial, from the prosecution stage to the execution stage and execution of punishments? Correctional and compassionate punishments affect. Explaining these two issues can not only be useful in identifying the challenges ahead, but also can prevent the taste of judicial actors in sentencing by unifying the attitude based on the acceptability of punishment. The finding of this s Manuscript profile -
Open Access Article
7 - The Judicial Rights of Citizenship in Jurisdiction, Confession, and Testimony from the Standpoint of Islamic Jurisprudence and Law
Shiva Azizaan Ebrahim Yaghouti Aahmad reza khazaeiConsidering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of though MoreConsidering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of thoughts, therefore, citizenship rights, as a new expression in Iran borrowed from Arabic literature, are of different types including judicial citizenship rights which explain the rights of defendant, plaintiff, and witness in jurisdiction, confession, and testimony, respectively. Judges, bailiffs, and other justice executives in judicial system are required to respect these rights. Reviewing Quran verses and Infallible imams’ traditions, one sees that Islam explains comprehensively the judicial rights of citizenship making it is one of the important references regarding judicial citizenship rights in positive law, putting the serious responsibility of judgment on the shoulders of the qualified and just judges and explaining some special orders and instructions on the subject. This is a descriptive-analytic research. The findings showed that the Iranian constitution considers citizenship rights as of the nation rights and its principles as explained in the judicial law are of legal sanctions in the Islamic criminal law. In addition, other laws, such as criminal procedure code and single-clause bill of legitimate freedoms and citizenship rights, though suffering some flaws, show special considerations from the legislators for the judicial rights of citizenship. Manuscript profile -
Open Access Article
8 - A Succinct Review of Judicial Settlement of the International Disputes
Hossein Sorayaii AzarThe path of the development of the International Law, during the last centuries, seen from the actual modern era of the legal theories point of view, is associated with the peaceful settlement of disputes between independent States . The "raison d'etre" of the first an MoreThe path of the development of the International Law, during the last centuries, seen from the actual modern era of the legal theories point of view, is associated with the peaceful settlement of disputes between independent States . The "raison d'etre" of the first and second Hague Conferences (1899 and 1907) was the dispute settlement discussions, and the Permanent Court of Arbitration is the fruit of these conferences . The Permanent Court of International Justice (1920)was the cornerstone of the judicial development of the International Law in the League of Nations system.Whilest the International Court of Justice(1945) was heraldic of modern era of legal theories in International Law ,in which the different mechanism of judicial settlement of disputes have been developed . Actually the judicial settlement of disputes between States is considered as the hub of world legal order and inter- States relations of different nature (e.g. commercial ,regional, environmental etc.) Manuscript profile -
Open Access Article
9 - The Effect of Type, Importance and Location of Crimes on Not Reporting of Committed Crimes to Criminal Justice Authorities
Ali Safary Sahar SeifiOne of the most important problems that every criminal justice system is faced with is the problem of unreported crimes to criminal justice authorities. The results of surveys carried out in different countries show that various factors affect the rate of reported crime MoreOne of the most important problems that every criminal justice system is faced with is the problem of unreported crimes to criminal justice authorities. The results of surveys carried out in different countries show that various factors affect the rate of reported crimes and lead to unreporting crimes. In this paper it is intended to analyse three of these factors including type, importance, and location of crime. While victims have a high tendency to report property crimes they refuse to report sexual crimes. Therefore in most countries unreported sexual crimes are more than others. Sometimes, there are victimless crimes, which mean they don’t have any real and identifiable victim. When these kinds of crimes committed, for different reasons such as lack of awareness of victim from the committed crime there is no complainant to report crime and we can see unreported crime in a high level. When a crime against the physical integrity of individuals occurs or a significant loss of life and property results from the crime or the offender uses from fatal instruments in committing crime people tend to report crimes. Location of crimes has also a significant impact on the rate of unreported crimes. The results of the researches show that when crimes are committed in public places, people's willingness to report crime is different when compared with crimes committed in private places. To adopt an efficient criminal policy in order to fight and prevent crimes, a maximum awareness of the quantity and quality of crimes and victimization in society, specially accurate and reliable statistics are needed. Therefore to identify the factors of not reported crimes and providing suitable solutions to reduce the rate of not reported crimes can contribute to the success and credibility of the criminal justice system and related institutions. It also helps criminal policy to adopt appropriate and effective measures to reduce the phenomena of crime and delinquency. or-latin; mso-bidi-font-family:Arial; mso-bidi-theme-font:minor-bidi;} One of the most important problems that every criminal justice system is faced with is the problem of unreported crimes to criminal justice authorities. The results of surveys carried out in different countries show that various factors affect the rate of reported crimes and lead to unreporting crimes. In this paper it is intended to analyse three of these factors including type, importance, and location of crime. While victims have a high tendency to report property crimes they refuse to report sexual crimes. Therefore in most countries unreported sexual crimes are more than others. Sometimes, there are victimless crimes, which mean they don’t have any real and identifiable victim. When these kinds of crimes committed, for different reasons such as lack of awareness of victim from the committed crime there is no complainant to report crime and we can see unreported crime in a high level. When a crime against the physical integrity of individuals occurs or a significant loss of life and property results from the crime or the offender uses from fatal instruments in committing crime people tend to report crimes. Location of crimes has also a significant impact on the rate of unreported crimes. The results of the researches show that when crimes are committed in public places, people's willingness to report crime is different when compared with crimes committed in private places. To adopt an efficient criminal policy in order to fight and prevent crimes, a maximum awareness of the quantity and quality of crimes and victimization in society, specially accurate and reliable statistics are needed. Manuscript profile -
Open Access Article
10 - A Survey on the US Supreme Court
محمد AmjadThe United States is a federal system in which poweris distributed among the states and the federal governmenton the one hand and the legislature, the executive and thejudiciary on the other. The US Supreme Court is comprised ofnine members appointed by the president fo MoreThe United States is a federal system in which poweris distributed among the states and the federal governmenton the one hand and the legislature, the executive and thejudiciary on the other. The US Supreme Court is comprised ofnine members appointed by the president for life time. Thesejudges may not be dismissed except through indictment. Themembers of the US Supreme Court are among the country’selites and mainly belong to the higher strata of middle classes.The presidents seek to appoint those for this position who arecloser to them ideologically. Notwithstanding, all members of theSupreme Court preserve their independence and act contrary tothe presidents’ opinions on many occasions. In this article, theauthor endeavors to explain the structure and functions of theUS Supreme Court, and its role and impact on the political-socialdevelopments of US society. Manuscript profile -
Open Access Article
11 - Judicial Administration of Contract With Inference in Determination of Contractual Obligations on the Basis of Justice and Equity, or Individual and Collective Expediency
Sohrab SamankanSome part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present stud MoreSome part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present study, mainly on the basis of logic and philosophy of low- economic analysis of law- or through theoretical study of contracts indicates that private judicial evolutions and requirements requires other visions from the accustomed principles and concepts. And now, some standards should be found in the arena of contracts laws to adjust individual's private relationships fairly. Such a view toward contracts laws brings about dynamism of laws, correct coherence of judicial legislative policy and also fulfillment of supreme goal of low, that is, establishment of justice. Determining the domain of commitments is not a new phenomenon. What has become important is the possibility of involuntary determination, especially judicial determination of domain of commitment, which can terminate contractual conflict on the basis of fair will of contracting parties or through expediency. Manuscript profile -
Open Access Article
12 - Investigating the Effect of Auditors' Behavior Biases on Decision Making and Errors within Capital Market, with Emphasis on Auditor's Personal and General Characteristics
bakhtyar ashrafi zohre hajiha reza tehrani -
Open Access Article
13 - Analysis of hardship as judicial divorce foundation
Alireza Bariklou Zahra Sadat Rasi VaraeiThe main purpose of this dissertation is to Analyze of judicial divorce foundation to check the defects. Hence, judicial divorce foundation should be in a way that it is according to legal standards and the protection of women's rights and supports the foundation of the MoreThe main purpose of this dissertation is to Analyze of judicial divorce foundation to check the defects. Hence, judicial divorce foundation should be in a way that it is according to legal standards and the protection of women's rights and supports the foundation of the family. Finally, it was concluded that the 'asr va haraj (hardship and harm) mentioned in verses of Holy Quran and narrations cannot be a general rule, but the rejection of haraj or harm was more justification for the judgments. Also, its application in the family ground leads to an increase divorce in society, which is inconsistent with both religious standards and social policy. Therefore, according to necessity of supporting the wife, the necessity of accordance with religious standards, And also support in the principle of family solidarity, the husband's requirement for enact duties and the rule of "the governor is legal guardian for refuse" are more appropriate. Manuscript profile -
Open Access Article
14 - Jurisprudential and legal foundations of important quasi-judicial authorities in municipalities
Ebrahim Ariazanganeh Fakhredin Aboeiyeh Ahmadreza Behniafar Ali Pourghasab AmiriThe purpose of the current research is to investigate important quasi-judicial authorities in municipalities. The research method is descriptive and analytical, and the normal laws and approvals of the Council of Ministers and the law describing the duties of municipali MoreThe purpose of the current research is to investigate important quasi-judicial authorities in municipalities. The research method is descriptive and analytical, and the normal laws and approvals of the Council of Ministers and the law describing the duties of municipalities and rural districts have been used. In this research, only the Article 1000 Commission, the Article 77 Commission, the Article 99 Commission, the Tasbra Commission under Article 55 Clause 20, and the Garden Identification Commission were investigated. The results showed that in the Commission, Article 100 of the proceedings indicates compliance with the legal formalities of the procedure, but the lack of transparency in its notes causes many legal problems. The problem with the Article 77 commission is that it is one-stage, and unlike the Article 100 commission, it does not have an appeal commission. The Commission, Clause 20, Article 55 of the Municipal Law is one of the examples in which the laws related to urban planning in the field of urban services are planned and controlled in a completely specialized manner. The above-mentioned commission is the authority to deal with citizens' objections to the municipality's decision regarding the closure, destruction and relocation of disruptive industries and businesses outside the city. Its common feature with the Article 77 commission is that the commission does not have an appeal and is one-stage, and the Article 99 commission is in the suburban area and outside the city, and the place of formation is in the governorates, but the place of formation of the Article 77 commission is in the municipalities. Manuscript profile -
Open Access Article
15 - An Examination of the Evidential Value of Testimony in Imamiya Jurisprudence and Iran's Legal System and the Impact of Psychological Factors on Testimony
Heidar Fatahi (Corresponding author) Ruhollah Sepehri Abbas PahlevanzadehThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadith MoreThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadiths narrated from the pure and infallible Ahl al-Bayt, as well as the companions of the Prophet Mohammad, there is a lot of emphasis on this. In some cases, there are differences of viewpoints among Islamic denominations regarding the conditions of the witness. For example, there is a difference in the testimony of a child, but there is consensus among jurists in the area of reason and legitimacy of the person. On the other hand, the impact on the legal concept of testimony is also something that cannot be hidden, which has received special attention in recent decades. Of course, in the legislative system, this important issue has not been taken care of as much as it should be, but psychological needs have caused legal scholars to deal with this issue. This is because the impact of some factors such as mental habits, age, race, personality, feelings, and emotions on the testimony is so important that it can cause irreparable damage. Manuscript profile -
Open Access Article
16 - Legal Position of Private Judicial System Based on Tahkim Institution from Imamism Perspective
Majeed Amandad Javad Panjepour Hormoz Asadi KoohbadIn the present era, with the increase in various aspects of communication –financial and non-financial-disputes among people have risen as well. The boost in conflicts has interfered with the way the judiciary system deals with hearings and due to high volumes of MoreIn the present era, with the increase in various aspects of communication –financial and non-financial-disputes among people have risen as well. The boost in conflicts has interfered with the way the judiciary system deals with hearings and due to high volumes of cases some harm such as prorogation of procedures, slackening of hearing pace and occasionally passing defective judgments have been inflicted upon this system which has eventually led to discontent among litigants. Therefore, seemingly, if a private justice system accompanies and aids the governmental judiciary system in hearing and resolving litigations, it will have an effective role in elimination of aforementioned issues and forasmuch as Islamic judgment demands Islamic judicial system, the legitimacy of this private system must be proved. Having investigated and reviewed Islamic texts concerning adjudication particularly accounts and also afterstudying the works and pleadings of jurisprudents, we are faced with an institution entitled “consolidation”(Tahkim) which there is even some evidence for its existence in canonization era. Consequently, we aim to design and implement the private justice system based upon consolidation institute. Through acknowledging the fact that some conceptions and institutions might be structured in accordance with time and place and be utilized in a new shape. Therefore, according to the opinion of shia’s jurisprudents, consolidatory (tahkimi) judgment in the time of occultation (of imam) is an allowable and acceptable issue .In contrast, some jurisprudents have cited lack of relevance with regard to the conditions of consolidation (tahkim) judge and some consider the existence assumption of a consolidation judge in the time of presence (of imam) even impossible at times. Therefore, by elaborating utterances and reasons of consolidation judge legitimacy, this article will attempt to examine the manner in which the legitimacy of private justice system is proved through consolidation (Tahkim) institute. Manuscript profile -
Open Access Article
17 - Study in the Types of Trusts and Justify of Independence of Judicial Trust
Mohammadtagi Alavi Behzad Farjam Mehrdad ShokraniThe subject of this article is review in the traditional classification of trust and separation of judicial trust from legal trust. From the best classifications done in jurisprudence and legal texts, is the classification of possession to fiduciary and guarantee. Verdi MoreThe subject of this article is review in the traditional classification of trust and separation of judicial trust from legal trust. From the best classifications done in jurisprudence and legal texts, is the classification of possession to fiduciary and guarantee. Verdict to the lack of liability is a privilege that the law is considered for the trustee and fiduciary possession. The trustee in the meantime, is refers to person who, with owner's permission and at contract’s implementation or rule of law (canon), dominate on another property. The result of research indicates that despite common opinion among jurists and lawyers that divide trust to contractual and legal and consider the judicial trust subheading of legal trust and not approve with separate and independent study of them, survey of theirs terms and provisions at the codex, indicate that in some important cases, have differences with each other and therefore separate study of them is suggested. Manuscript profile -
Open Access Article
18 - The History of the Principle of Judiciality of Punishments
Sayed Mahmoud Majidi Mahdi ZolfaghariDetermination and execution of punishment as well as existence of a systematic criminal proceeding have invariably been among most important controversies over punishment. By the principle it means that whole of the criminal proceeding such as investigation, trial and s MoreDetermination and execution of punishment as well as existence of a systematic criminal proceeding have invariably been among most important controversies over punishment. By the principle it means that whole of the criminal proceeding such as investigation, trial and subsequently execution of the punishment should be done by a competent judicial authority. In the religious thoughts the authority called Imam or Governor or Judge. Accordingly people who lack the competence cannot intervene in the affairs and take arbitrary measures. The paper is devoted to development of the principle and determining its position. Although Article 36 of Constitution expressly embodied the principle in itself, it have been experienced an uneven road in its way to Criminal Code (2013). The act devotes a separate Article providing for the principle a long whit principle such as presumption of innocence and legality of crimes and punishments. But the principle is surrounded by exceptions some of which are new. Manuscript profile -
Open Access Article
19 - evaluation and valuation and compensation for spiritual damages in judicial decision
Masoud Rabbanidamage caused judicial decisions is one of those cases which although in most cases , causes harm to individuals, but compensation for such damages has a significant bearing on the mental health of individuals in a community and it promotes the health and development of Moredamage caused judicial decisions is one of those cases which although in most cases , causes harm to individuals, but compensation for such damages has a significant bearing on the mental health of individuals in a community and it promotes the health and development of people in society.the victims of the normal damages and specific compensation for damages resulting for judicial decisions is a challenging topic although the current legislation requires it, it does not specify the methods of assessment and has no fixed and definite benchmark. and sometimes it is seen that judicial decisions have caused losses to individuals, but they have not been compensated.in this research, in accordance with the rational principle of the necessity of compensating for the loss and disadvantage of ' la zarar and la zerar' , we have tried to accept that any damage is compensated and should be evaluated and priced and compensated in the best way. Manuscript profile -
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20 - Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined
Amin Jalili seyd Mohamad Mehdi SadatiTrue repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the in MoreTrue repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the influence of the institution of repentance in the partial fall of the government's punitive punishments and the inability of the judiciary to issue a moratorium on prosecution is contrary to the rationality and spirituality hidden in Islamic criminal policy and the judiciary being a judge. The organization of the judicial cycle of the Islamic Republic of Iran on the criminal policy of Islamic punishment requires the reliance of the penitentiary on the criminal response to the act of punishment. Therefore, it is appropriate for the divine institution of repentance in criminal law to be the muscat of punishment for all punitive crimes of the government by all judicial authorities. Avoiding criminalism and paying attention to moral values and social interests in the legislative stage and preventing procrastination and increasing the volume of cases in the executive dimension, are among the goals of the author to take this position. Manuscript profile -
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21 - Comparative Study of Role of Jurisprudence in Realization of Judicial and Economic Security in Iranian Law and Egyptian Law
Gholam Ali Seifi Zinab Rima AmiraghdamJudicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of t MoreJudicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of this principle. The main stage in the judicial system is an activity that we call it judgment. Jurisprudence due to important factors such as independence of judges, respect for acquired rights, common understanding of the law, without discrimination performance has a very important role in the realization of judicial security. The realization of economic security when interpretation of the law is not comply with social and economic realities due to the long process of change and reform of law, jurisprudence can provide an interpretation consistent with the realities of that time and meet the purpose of legal rules to achieve “efficiency”, So important role in achieving it. In this paper, legal security and economic concepts and the role of jurisprudence in their realization with comparative study in the Iranian law and Egyptian law to be examined. Manuscript profile -
Open Access Article
22 - Developing a Judicial Accounting Paradigm in the Fluctuation of the Level of Protection of Shareholders' Profits in Companies: An Analysis Based on the Thorndike's Theory Test
Somayeh Sharifi Seyed Ali Vaez mehdi basiratThe Purpose of this research is developing a Judicial Accounting Paradigm in the Fluctuation of the Level of Protection of Shareholders' profits in Companies by Thorndike's Theory Test. In this study, which was conducted in the period of one year in 2018-2019, the colle MoreThe Purpose of this research is developing a Judicial Accounting Paradigm in the Fluctuation of the Level of Protection of Shareholders' profits in Companies by Thorndike's Theory Test. In this study, which was conducted in the period of one year in 2018-2019, the collection tool included two parts of a questionnaire and the data disclosed in the financial statements of Tehran Stock Exchange companies. In fact, in order to improve the level of innovation in the relationship between judgmental and quantitative processes in accounting research, a standard questionnaire was used to collect data on the development of the judicial paradigm and entropy analysis was used to collect data on the protection of Shareholders' profits. Then, the total results of companies' evaluation in terms of judicial accounting effectiveness were examined based on two criteria of companies with protection of high shareholders' interests and protection of low shareholders' profits by multivariate maneuver tests, repeated measures analysis of variance and post hoc tests. The results of the research hypothesis test showed that the judicial accounting paradigm in companies with high protection of shareholders 'interests compared to companies with low protection of shareholders' interests is significantly different. In fact, this result shows the link between the judicial accounting paradigm as a stimulus and a factor to protect the interests of shareholders which aims to create a coherent approach to comply with accounting outputs with laws and regulations and detect financial irregularities to increase sensitivities to protect the interests of shareholders and has the function of building trust among shareholders in the company. Manuscript profile -
Open Access Article
23 - need Assessment of judicial Training Based on individual,social,cultural and occupational competencies Approach in Iranian judicial system (are dtudy: Tehran and Qom Internship center)
shima shabani alireza chenari korosh parsastudy, in order to identify the educational needs of judicial trainees, first to identify job competencies and then formulate their training needs based on these competencies. Been paid. The statistical population of this study consisted of 82 judicial trainees from Teh Morestudy, in order to identify the educational needs of judicial trainees, first to identify job competencies and then formulate their training needs based on these competencies. Been paid. The statistical population of this study consisted of 82 judicial trainees from Tehran and Qom They are selected by random sampling method and include internship courses No. 194, 200, 202, 203, 98 and Tehran Teaching, which is surveyed by all trainees. During interviews with judicial trainees, professors and judges, they were first asked about the skills required for judicial internships and a list of skills was prepared, and then the questionnaire was distributed by distributing a questionnaire. The research method is a survey description and a researcher-made questionnaire was used to collect the data, the validity of which was confirmed by the content method and its reliability by Cronbach's alpha coefficient. In order to analyze the data from T test and factor analysis with S software. P. S. S. Used. Results: It shows that the skills identified in individual, social, cultural competencies and job competencies are among the educational needs of judicial trainees. Acquaintance skills with national and regional culture, eloquence, familiarity with psychology and psychoanalysis, social studies and considerations, anger management, how to manage meetings, judicial management in determining the educational needs of judicial trainees, the most important the identified indicators In this research, they have. Among the skills related to job competencies, the index of familiarity with the culture and customs of the service area is of great importance. Manuscript profile -
Open Access Article
24 - Predicting Arak Citizens Social Happiness Based on Social Justice in 2019
Javad Atabaki Maryam yar mohammad tooski Farhad Imam Juma Today, social justice is one of the most important needs of human societies. It has also beenintroduced as one of the parameters for social development, because citizens to achieve desirable life conditionsin their society need social justice. The present research More Today, social justice is one of the most important needs of human societies. It has also beenintroduced as one of the parameters for social development, because citizens to achieve desirable life conditionsin their society need social justice. The present research objective is to study social justice role in providingsocial happiness of Arak citizens in 2010. Regarding objective, data gathering method, and data nature, thepresent research is an applied one, descriptive of correlation and survey type, and quantitave respectively. Thestatistical population is consisted of Arak 15-64-year old citizens in 2009. The statistical sample was determinedto include 400 individuals based on Morgan table of sampling. The results showed that social justice explainssignificantly 63% of individual happiness and collective happiness; distributive justice explains significantly69% of social happiness. Moreover, interactional justice, gender justice, judicial justice, and biological justiceexplain significantly 45%, 37%, 49%, and 41% of social happiness of Arak citizens, respectively. Happy citizensis of requirements for a society to achieve development and humanly causes. To improve their happiness, thereshould be a promising atmosphere in a society 's structure, and social justice is one of important instruments tothis end. Manuscript profile -
Open Access Article
25 - The Role and Position of the Administrative JusticeTribunal in Reasoning, Documenting and Justifying the Judgments of the Quasi-Judicial Authorities
parviz hajipour Ali Faqih Habibi Tavkl habibzadeh Today, in addition to the judiciary and courts of justice, there are authorities under the headings ofcouncil, board, commission, etc., which according to special laws deal with some complaints and disputes andlawsuits, one side of which means the government, and More Today, in addition to the judiciary and courts of justice, there are authorities under the headings ofcouncil, board, commission, etc., which according to special laws deal with some complaints and disputes andlawsuits, one side of which means the government, and like courts of justice in nature Issue a verdict and ajudicial opinion. These authorities, which are often supervised by the executive branch and are created with theclaim that the issues are specialized, complex and technical, with the aim of accuracy, speed and accuracy of thefinal decision, both in accordance with some constitutional principles and ordinary laws and regulations. Theruling intellect, logic and custom are obliged to issue their final opinions and opinions in a reasoned, justifiedand documented manner to the laws, principles and legal rules. Otherwise, the Court of Administrative Justice,as the reviewing authority of such opinions, will not give them legal validity and legal existence in order toensure the rule of law and the realization of rights or annulment. In the present article, with regard to examplesof opinions issued by quasi-judicial authorities and the Court of Administrative Justice, the above issue isexamined and analyzed. Manuscript profile -
Open Access Article
26 - The Place of the Precaution Principle in the International Law of the Sea (With Emphasis on Southern Bluefish case)
ali sabernejad Morteza najafi asfadThe precautionary principle plays a very important role in preventing the occurrence of environmental damage, and in order to achieve sustainable development, environmental policies must be based on the precautionary principle. This principle, along with other environme MoreThe precautionary principle plays a very important role in preventing the occurrence of environmental damage, and in order to achieve sustainable development, environmental policies must be based on the precautionary principle. This principle, along with other environmental principles, acts as a golden rule to prevent environmental damage. The principle of this principle in the marine environment is to prevent "marine pollution" and to achieve the "Right to a Healthy Marine Environment". The jurisprudence of the International Court of the Law of the Sea has played a key role in identifying and illuminating the hidden angles of this principle in marine environmental law, which has been made clear in the case of the "Bluefin Tuna" and the International Court of Justice Maritime Law examines and analyzes how this principle is applied in the international law of the sea. The present article examines this principle in the law of the sea and the role of the International Court of the Law of the Sea in this regard. The findings of the article indicate that this principle plays an important role in international environmental law and the international law of the sea is no exception and international jurisprudence in the case. "Bluefin Tuna" has emphasized this important point. Manuscript profile -
Open Access Article
27 - Investigating the Fundamental Principle of Deterrence in International Environmental Law
Mohamad Zaker Ardakani Alireza ArashpourInternational Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence MoreInternational Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence is a Fundamental and Universal Rule in Development-Oriented and Sustainable Policies Related to the Exploitation of Natural Resources and Ecological Aspects of Countries, Which on the one Hand Focuses on Pollution Prevention and Precautionary Measures in the Face of the Environment and Natural Resources. On the Other Hand, it includes Systematic Protection Measures and the Cooperation of Countries and Other Persons under International Law with Regard to Environmental Activities and the Exploitation of Natural Resources, Under National Sovereignty and Jurisdiction. Therefore, Violation of the Principle of Deterrence, Due to the Limited Environmental Resources and the Long Process of its Replacement, Leads to Improper Use of Natural Resources and Causes Numerous Damages to Environmental Components, Including Water, Air, Soil, Plants, Wildlife, etc. Which are Sometimes Irreparable and Ultimately Threaten Human Life and Health, Although Repairing the Damage and Compensation Requires Exorbitant Costs and Long Periods of Time, Sometimes Intergenerational Manuscript profile -
Open Access Article
28 - The Role of Domestic Judicial Authorities in Recognition and Guarantee of Intergenerational Justice as an Essential Element of Sustainable Development
Tavakol habibzadeh keivan eghbali Amir panahandeh SomarinIn recent decades, growing inequality in the world and the worrying destruction of the environment have forced governments to reconsider the formulation and implementation of development plans. The outcome is the concept of sustainable development that entails a process MoreIn recent decades, growing inequality in the world and the worrying destruction of the environment have forced governments to reconsider the formulation and implementation of development plans. The outcome is the concept of sustainable development that entails a process in which desirability and available possibilities are not diminished over time and a kind of distributive justice requires a fair distribution of development opportunities between current and future generations as one of the most important development goals. Meanwhile, taking into acount that the judiciary is considered as the main guarantor of justice in any society, in this study, using a descriptive and analitical method, the role and the position of judiciary authorities in considering the necessity of the observance of intergenerational justice in the advancment any national or local development program and as a result the commitment to observe the considerations related to this dimension of justice is analized. In this regard, the review of judicial procedure in the courts of some countries indicates that these authorities can play a key role in recognising and ensuring justice between the present and future generations during the codification and the implementation of development plans, as the main goal of the sustainable development. Manuscript profile -
Open Access Article
29 - Study on the importance of the position of the environment and the Principle of Equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice)
mirhasan riazi Ali Faghih.habibi Ali Mashhadi Mansour PournouriInvestigating the importance of the position of the environment and the principle of equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice) The International Court of Justice, as the judicial body of t MoreInvestigating the importance of the position of the environment and the principle of equity in determining the boundaries of land borders (Emphasis on the jurisprudence of the International Court of Justice) The International Court of Justice, as the judicial body of the United Nations, has an irreplaceable role in determining the boundaries of land borders between countries. The Court does this with the tools at hand, that is, with respect for the stability of border and territorial treaties, the principle of legal possession and effective domination, and in this regard, its auxiliary tools are principles such as fairness and so on. It must be said; if in the past, the factor of force and power determined the boundaries, but today, the agreement determines the boundaries. Principles such as fairness, etc., all reflect the factor of agreement to determine the boundaries of land borders. In some cases; Some justifications have been raised by the parties to territorial and border disputes before the International Court of Justice, but the Court has not substantiated these justifications, and although in some cases, such as the environment, it has turned its attention to these documents, He has never considered them as a factor in determining the boundaries of land, and the issue of the environment is one of the unacceptable justifications for the acquisition of land ownership by the International Court of Justice. In this descriptive-analytical study, an attempt has been made to examine the importance of the status of the environment and the principle of fairness in determining the boundaries of land borders (with emphasis on the jurisprudence of the International Court of Justice). Manuscript profile -
Open Access Article
30 - Development of international environmental law in the light of International judicial judgements and precedents
Sahar Zarei Seyed-Abbas Poorhashemi Mansour PournouriThe International Court of Justice and other international judicial and arbitral bodies play an important role through the issuance of international judicial judgements and precedents in the development of public international law, including international environmental MoreThe International Court of Justice and other international judicial and arbitral bodies play an important role through the issuance of international judicial judgements and precedents in the development of public international law, including international environmental law. These judgements and precedents, as well as some other cases of the International Court of Justice, will help to include new legal principles and rules of international law which can develop the environmental protection. However, alongside the legal capacity, there are obstacles and limitations which cause the positive development of international environmental law move slowly. Advisory opinions and Judgements issued by international courts show that State sovereignty has always been an obstacle to the development of international environmental law. Moreover, the traditional approach of International court of justice, based on the preference of the State sovereignty, is a significant challenge for developing the international environmental law. In fact, moving from absolute sovereignty to the rule based on rational and reasonable use of land could be a good opportunity for development of this legal field. For the first time, the concept of environmental protection was introduced in many cases such as the Trail Smelter case as an earlier environmental dispute and in this way environmental protection was developed in other environmental legal cases too. This research, attempts to analyze the international judicial judgements and precedents of the International Court of Justice to find the impact of these judgements and precedents in the development of international environmental law. It also provides guidelines for applicable solutions by identifying legal gaps and existing inefficiencies. Manuscript profile -
Open Access Article
31 - An Interpretive Judicial Study of Nature and Relevant Quranic Teachings based on Alravandi and Ghortabi
Majid Khazaei Mohammadreza Sotoudeh nia Mehdi LotfiSuch elements as water, earth, creatures like plants and animals, and balanced biological relations among them comprise the natural order. Such a rich resource is a grand divine bounty bestowed upon living creatures, so that while all creatures enjoy and use these resou MoreSuch elements as water, earth, creatures like plants and animals, and balanced biological relations among them comprise the natural order. Such a rich resource is a grand divine bounty bestowed upon living creatures, so that while all creatures enjoy and use these resources, human beings would be able to develop land and earth, and provide all with a suitable habitat. Thus the right to use such divine bounties and resources is among basic human rights. The current study would both identify the key elements and component parts of nature and environment in the Holy Quran, then the obtained data would be interpreted by the analytic methods of Imami and Sunni Fiqh drawing on Rawandi’s book, Fiqh al-Koran, and al-Qortobi’s, al-Jami’. The main focus here is on the deep relations existing between human actions and nature. The main objective is to point out the Islamic framework for identifying and dealing with the act of abusing nature according to such criteria as moral, civil, and punitive liability. Manuscript profile -
Open Access Article
32 - The Rule of Necessity which Measures its necessity
Hossain Javar Marzieh Ganjeali Darani Mohammad Ali AfshariThe Rule of Necessity which Measure its necessity is one of the rational and religious rules that jurists have spoken less about it. This is also due to the clarity of the matter, for by the clear wisdom of reason; whenever master (Mola) is due to his servant's urgency, MoreThe Rule of Necessity which Measure its necessity is one of the rational and religious rules that jurists have spoken less about it. This is also due to the clarity of the matter, for by the clear wisdom of reason; whenever master (Mola) is due to his servant's urgency, In opposition to some of its imperative laws, He commended him and gave him leave. This release will remain as long as necessary, and with the destruction of the state of emergency, the release is also canceled. This permission of the departure of the original sentence due to necessity, Wisdom, has two constraints, time and amount. and it means, that the distress to a certain amount and only as long as adjusted the title of urgency. The permit for departing from the original sentence due to necessity, the wisdom of reason, has two limitations. Limit the amount and the time limit. This means that the detriment can only be used in a certain amount and only as long as its condition is called urgency and necessity. Manuscript profile -
Open Access Article
33 - Examining the application of the prohibition of reasoning in family lawsuits
Zahra AsvarIn civil litigation, unlike criminal offenses, the judge, according to the principle of impartiality, has no right to directly collect the evidence of the claim in favor of one of the litigants, which is called the prohibition rule. This research uses analytical-descrip MoreIn civil litigation, unlike criminal offenses, the judge, according to the principle of impartiality, has no right to directly collect the evidence of the claim in favor of one of the litigants, which is called the prohibition rule. This research uses analytical-descriptive method to discuss the application of this rule in litigation of couples, which is a special type of civil litigation. In this research, the aim is to investigate the application of the rule of prohibition of reason in family lawsuits. It was concluded that in cases where the crime occurred in litigation between spouses, it is possible to conduct an investigation in accordance with the Code of Criminal Procedure. The local investigation is under the jurisdiction of the judge, according to which he can issue a verdict based on which he has influenced his knowledge. In some cases, in addition to two-way interviews, the principle of neutrality is used to acknowledge the truth in the language of the couple, and in general, it can be concluded that the rule prohibiting the study of evidence is not a completely absolute rule and within the framework of the principle On the other hand, measures can be taken to obtain evidence that couples' litigation is more flexible than other civil litigation. Manuscript profile -
Open Access Article
34 - Examining the authenticity of the confession before the competent court and general judicial officers
Ahmad Bajelan Seyed Mohammad Mehdi AhmadiConfession is considered as the best and surest reason for convincing the human conscience in condemning the accused, and its value is such that sometimes to express it, the perpetrators resorted to torture and even the death of the confessor. On the other hand, in many MoreConfession is considered as the best and surest reason for convincing the human conscience in condemning the accused, and its value is such that sometimes to express it, the perpetrators resorted to torture and even the death of the confessor. On the other hand, in many cases, the confessions of the accused are not accepted by the court and are rejected by the judicial authorities, who, for example, reluctantly lose Reza and make it legally invalid, which in some cases even raises the possibility of police recourse. They assume in a biased and unfair way and consider it as a case against the accused. Since the police, and especially the detectives (according to the central confession of the ruling laws), are constantly dealing with the issue of confession and its margins, and in order to complete the case, they have to obtain a confession from the accused and consider it as the main reason for the crime. Therefore, it is necessary to be aware of the role of confession and its effectiveness and to be familiar with the causes of its corruption. Manuscript profile -
Open Access Article
35 - Special competences of judicial branch managers with an emphasis on the analysis of upstream documents and the managers' point of view
khadije moradyThe purpose of this research is to present the model of competence of judicial and administrative managers working in the country's judiciary based on top-level documents, the Supreme Leader's menus, the words of judicial officials, interviews with exemplary judicial an MoreThe purpose of this research is to present the model of competence of judicial and administrative managers working in the country's judiciary based on top-level documents, the Supreme Leader's menus, the words of judicial officials, interviews with exemplary judicial and administrative managers, and a survey of managers working in the judiciary. To achieve this purpose, a combined approach and inductive qualitative content analysis method and descriptive statistics have been used. 16 upstream documents, 23 documents of leadership menus and the words of judicial officials, 10 sample judicial and administrative managers and a survey of all judicial and administrative managers (basic and middle levels) of the research community. The results of the research showed that health and impenetrability, justice, human dignity, efficiency and jihadism are the core competencies of the judiciary. Personality, behavioral, management and expertise competencies have been introduced for judicial and administrative managers. Among the indicators of each of the mentioned competencies based on the managers' point of view, communication skills are one of the most important skills needed by the managers of the judiciary. In addition, knowledge of the organization, knowledge of public opinion and society, trust building, acceptance between people, knowledge of ethnicity and culture, knowledge of judicial policies and social capital are among the special competencies of judicial administrators, which should be taken into account in the appointment of judicial administrators. Manuscript profile -
Open Access Article
36 - Examining the role of semantics and discourse analysis in order to improve judicial testimony in courts; A look at the legal aspects
Zohreh Bahrami Davood Madani Mahmoud QayyumzadehLegal linguistics is a new and interdisciplinary branch of applied linguistics and law, which uses linguistic tools and linguistic evidence to analyze spoken and written texts by experts, and in today's era, semantics and discourse analysis are more effective in improvi MoreLegal linguistics is a new and interdisciplinary branch of applied linguistics and law, which uses linguistic tools and linguistic evidence to analyze spoken and written texts by experts, and in today's era, semantics and discourse analysis are more effective in improving judicial testimony. For this reason, the author has discussed and examined it using Grice's principles in a library method and with a descriptive-analytical approach, and the results of the article indicate that: the analysis of witness testimony with the help of various tools and principles, including "Grice's principles of cooperation" It is possible because the witness in the interrogation seeks to advance the testimony in favor of himself and the petitioner, and by violating the principle of Grice, he suffers contradictions in his testimony, but judicial courts, using linguistic principles, especially the principle of Grice, allow They don't allow the witness to continuously change or advance the subject according to his wish, or to advance the cases according to his wish and in his own interest. Examining the cases related to judicial testimony shows that when lying, witnesses make the most use of appearance and presumption, and the least they use is reference, inference, and subjective meanings. Manuscript profile -
Open Access Article
37 - Investigating Iran's legal and judicial criminal policy in the field of economic crimes with an emphasis on Islamic jurisprudence and Iranian law
Mehdi Dida Salameh Abolhasani Naghmeh farhoudIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has b MoreIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has become an acute problem at the national and international level, which in case of lack of control can challenge the efficiency, legitimacy and even the survival of governments in addition to political, economic, social and security consequences. . In order to solve this pervasive problem, in the first step, it is necessary to identify all the dimensions and characteristics of economic crime, and after being aware of this important factor, it must be carefully identified from the jurisprudential and legal point of view. The criminalization of economic crimes is one of the tools and mechanisms of the criminal policy of every country in dealing with crime and economic deviations; If it is not based on a reasonable and logical policy and solid foundations, not only will it not give the desired result, but it will also cause many economic and social problems. The judicial criminal policy of economic crimes is the core of the country's criminal policy, and Manuscript profile -
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38 - Dakkatol-Qada in the Mosque of Kufa from an Ancient Point of View and Judging at the Beginning of Islam “Looking at the Judicial Jurisprudence of Ayatollah Mousavi Ardabili”
Zahra Ahmadi Afzadi Mohamad Sadegh Elmi Sola Hosein NaseriMoghadam -
Open Access Article
39 - Judicial Procedures Related to Public Order as one of the Obstacles to the Implementation of Foreign Arbitration
Mehdi Asgharimoghaddam Mostafa Mandegar Mostafa ElsanThe purpose of this article is to review the judicial procedures related to public order as one of the obstacles to the implementation of external arbitration. This article seeks to answer the question through analytical-descriptive method that the role and position of MoreThe purpose of this article is to review the judicial procedures related to public order as one of the obstacles to the implementation of external arbitration. This article seeks to answer the question through analytical-descriptive method that the role and position of judicial procedure in the face of order. According to the findings of this study, regarding the application of Article 971 of the Civil Code, the majority of judges believe that the agreement of the Iranian parties on the foreign arbitration body, although unusual, but it causes the Iranian court to have no jurisdiction to hear the dispute under the arbitration agreement. Some judges disagree with this view. Regarding the application of Article 968 of the Civil Code, most judges accept the choice of law other than the law of the place of contract where they are around the Iranian arbitration agreement. Manuscript profile -
Open Access Article
40 - The Role and Responsibilities of Local Governments in Criminal Areas
Touhid Vosoughi Morteza Najizade Zavareh Mansour RahmdelTouhid Vosoughi[1] Morteza Najizade Zavareh[2] Mansour Rahmdel[3] Abstract: The principle of confidentiality of documents, information and arbitral awards is a privileged feature of arbitral tribunals, if this property is not guaranteed the parties may be unwilling to d MoreTouhid Vosoughi[1] Morteza Najizade Zavareh[2] Mansour Rahmdel[3] Abstract: The principle of confidentiality of documents, information and arbitral awards is a privileged feature of arbitral tribunals, if this property is not guaranteed the parties may be unwilling to dispute this process. Although the jurisdictional laws and regulations of some countries have recognized the principle of confidentiality, this has not been addressed in Iranian law. This descriptive-analytical research seeks to address the ambiguity that the process of arbitration is private or confidential and that confidentiality is more of an ideal or a fact, as well as whether it has any exceptions. The findings of the present study indicate that the confidentiality is relative and directly related to the obligations of the parties to the dispute and the third parties involved in the arbitration process. The basis for identifying the degree of confidentiality requires explicit agreement between the parties to the arbitration agreement, and this rule has some exceptions [1] PHD student, department of law and politic science, Islamic Azad University of Saveh branch [2] Associate professor, department of law, Islamic Azad university of Saveh branch, Iran [3] Associate professor, department of law, Islamic Azad university of Saveh branch, Iran Manuscript profile -
Open Access Article
41 - The Status of Non-Governmental Organizations in Legislative and Judicial Drug Policies
Fatemeh Binazadeh Leila Raeisi Masoud Raei Fatemeh Binazadeh[1] Leila Raeisi[2] Masoud Raei[3] Abstract: Counter-narcotics requires the movement of all segments of society, with NGOs nowadays seeking to gain a foothold in the field. Investigating the response of these organizations to the leg More Fatemeh Binazadeh[1] Leila Raeisi[2] Masoud Raei[3] Abstract: Counter-narcotics requires the movement of all segments of society, with NGOs nowadays seeking to gain a foothold in the field. Investigating the response of these organizations to the legal and judicial policies of drugs requires a descriptive-analytical, comparative study of the policies of the countries involved, including origin and destination of materials and then needs to analyze the status of NGOs. This role varies according to its legal basis (Article 14 of the 1961 Convention) and depending on the prevailing political, social conditions, and the policies of the countries involved in the substance of the matter, thus facilitating the adoption of the policies of the originating countries. Adopting the easy policies by the countries of origin, however, the presence of these institutions will increase and the implementation of strict policies by the destination countries will reduce the possibility of their presence; however, more presence does not necessarily mean more impact on drug policies in the country; and their influence depends on the degree of democracy in the country. [1] PhD Student in International law, Department of Law, Isfahan (khorasgan), Islamic Azad University ,Isfahan, Iran, binazadehf@gmail.com [2] Associate Professor Public International Law, Department of Law, Isfahan (khorasgan), Islamic Azad University ,Isfahan, Iran, Corresponding Author, Raisi.leila@gmail.com [3] Assistant prof, Public International Law, Department of Law, Isfahan (Najafabad), Islamic Azad University ,Najafabad, Iran, masoudraei@yahoo.com Manuscript profile -
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42 - Foundations of Dejudicialization and its Forms in the Iranian and International Penal System
Amir Azarmanshah Tayebeh Bijani MirzaAmir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2] Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-wa MoreAmir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2] Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-way issue that deals with the rights and freedoms of individuals in society on the one hand, and with public order and security on the other. As new conditions and require­em­ents emerge, criminal law has had to comply with new human rights considerations in its proceedings, inclu­di­ng the principles governing punis­h­m­ent, those that criminal law must seek to adopt new human rights app­roa­ch­es, in accordance with these principles. There is no doubt that this issue and its requirement are not only for domestic criminal law, but also for international cri­m­in­al law. Explain that, today, the need for trial and pun­ish­m­ent of international criminals is not hidden from anyone. [1]- Ph.D. Student in Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran [2]-Assistant Professor, Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran:Corresponding Author Manuscript profile -
Open Access Article
43 - Investigation of the Scope and Limits of Judge Intervention in Judicial Modification of Contracts from the Perspective of Iran and Egypt Law
Abdollah Khatib mohammadreza fallah Ali TavallaeiSometimes, after the conclusion of the contract and at the stage of implementation, the conditions governing the contract would change substantially, so that this change in circumstances was not foreseen by the parties at the time of concluding the contract, and this wo MoreSometimes, after the conclusion of the contract and at the stage of implementation, the conditions governing the contract would change substantially, so that this change in circumstances was not foreseen by the parties at the time of concluding the contract, and this would cause extreme hardship to the obliged party conventionally. In such a situation, the importance of the intervention of the magistrate in the contracts concluded and, finally, the modification of the contractor's obligations becomes an irrefutable necessity, but the important point is to determine the logical scope and limit for the intervention of the judges in the contracts involving the hardship, the necessity of which is also very tangible. Because in case of change in the circumstances, complying with the provisions of the contract would not be the actual intention of the parties to the agreement and not valid and acceptable by the holy legislator. Considering the above mentioned points, the important issue that we are looking for in this study is the determination of a logical framework for the intervention of judges in the contracts and whether the intervention of the judge in the contracts would be limitless and absolute or not? Investigations and results of this research, as well as the author's viewpoint, suggest that the intervention of the judge for making fair the contractual obligations is limited and is subject to certain conditions and formalities. Manuscript profile -
Open Access Article
44 - Look at the judicial adjustment in the light of "al-Aqoud subsidiary party"
zinat jafari fesharaki mohammad jafari fesharakiAbstractJudicial review of the contract in light of the rule of “Al-oqud-tabe’a-lel-Qosoud”Review:With the advancement of economic developments in recent centuries and the increase in the coefficient of influence of external factors in long or long-ter MoreAbstractJudicial review of the contract in light of the rule of “Al-oqud-tabe’a-lel-Qosoud”Review:With the advancement of economic developments in recent centuries and the increase in the coefficient of influence of external factors in long or long-term contracts, sometimes the balance and economic balance during the execution of the contract is so tantamount that its implementation is obligatory, although impossible, but with difficulty and There is a lot of hardship. Since the laws of Iran have not provided a solution, a judicial modification of the contract is raised, That the major reason of the opponents of contract judicial modification is its conflict with the principle of necessity; hence, in case of proving the presence of implied condition of balance of considerations in the parties’ will and intent, the above-mentioned condition is included in the rule of “Al-oqud-tabe’a-lel-Qosoud” and the contract judicial adjustment will not have any conflict with the principle of necessity. Notwithstanding, there is an important question is that how to reach the above-mentioned implied condition in the will and intent.It was concluded in the present study through descriptive-analytical method that through citing the reasons such as: esalat-alzohoor, and referring to commons, etc. the intended implied condition of balance of considerations is achieved, therefore judicial adjustment isn’t not only a secondary verdict and an exception in the principle of necessity but it is also the first verdict and in accordance with the principle of necity. Key words: Judicial adjustment, Implicit condition, Equilibrium, Intent, the rule of “Al-oqud-tabe’a-lel-Qosoud” Manuscript profile -
Open Access Article
45 - Principles of normative authority of the head of the judiciary
keramat balaghi gholamhosein masoud mohammadkazem emadzadehIn the system of separation of powers, supervision over the proper implementation of laws is the responsibility of the judiciary that it takes adventage of a wide variety of the roles and responsibilities. the judiciary will meet its norm’s requirements through th MoreIn the system of separation of powers, supervision over the proper implementation of laws is the responsibility of the judiciary that it takes adventage of a wide variety of the roles and responsibilities. the judiciary will meet its norm’s requirements through the provision of judicial bills and approval by the legislature. But with regard to specialized or minor needs, it adeguate itself competent to normalization the second level and has taken action while the legislature is the reference legislative and there is no specifying for the normative jurisdiction of the judiciary. In the research to identify the bases of ordinary qualifications by the head of the judiciary, we tried to base this competence as well as its limits in law and sharia with descriptive method and data collection were tried in the library method and it was found that such norms did not contradict sharia and law, the principles and principles of the law, including the separation of powers, the legal state, the hierarchy of norms, the principle of specialty and necessity, also confirm the prescription and strengthening of the normative authority of the head of the judiciary. Therefore, it was suggested that a specialized normative council be established in the judiciary and the limits of its authority and jurisdiction, together with the process of monitoring norms and the possibility of their evaluation, correction and revocation are specified in the law. Manuscript profile -
Open Access Article
46 - Jurisprudential and legal feasibility of abolishing the death penalty for the crime of disrupting the economic system in Iranian law with an emphasis on judicial procedure in Iranian law.
jebraeil nozohor anahita seifi reza faniThe death penalty is considered to be one of the most challenging legal issues, as some legal systems have abolished this punishment under the influence of international and regional human rights documents, but some still apply it to serious crimes and there is a consen MoreThe death penalty is considered to be one of the most challenging legal issues, as some legal systems have abolished this punishment under the influence of international and regional human rights documents, but some still apply it to serious crimes and there is a consensus on its general abolition worldwide. not achieved Therefore, according to the importance of the death penalty, this research with a descriptive and analytical method does not answer the question, is there a possibility of abolishing the death penalty in the crime of disrupting the legal system of Iran? The findings of this research show that the legal basis for criminalization and the imposition of the death penalty in the said crime is based on the general title of corruption in the land and does not have reasonable jurisprudential standards. In addition, the judicial procedure also faces challenges such as ambiguity in the cases, inconsistency of legislative criminal policy with judicial criminal policy, limitation of fair trial standards and defendants' defense rights. The result of this research shows that in terms of jurisprudential and legal rules and principles, including the principle of caution in temperature, the rule of law, the principles governing criminal law and the need to pay attention to human rights standards, the death penalty as a repressive criminal response should be an exception and limited to the most important cases and should not expand its scope with a wide interpretation. Manuscript profile -
Open Access Article
47 - Lawful and Judicial Rule of Equity
masoumeh mazaheri zahra aal eshaghEquity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their a MoreEquity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their absence follow unfavorable essence. The principle of equity can be proven by verses and tradition. Several cases of the practicality of this principle can be seen in the lives and judgments of the Immaculate. The principle of justice and equity has been used by several Jurisconsults but there is difference between equity and justice. Equity is an important concept in Roman and German systems too. In Iran, equity in not a rule and some lawyers indicate it as lawful source. Manuscript profile -
Open Access Article
48 - Influence of Time and Place in Variation of Clericsâ Opinions
abolghasem naghibi hossein jalilzadehThis study is about the role of time and place in Ejtehad (supreme religious competence). There are different views on the influence of time and place on the Shariat decrees. The purpose of this research is to understand the interrelationship of the above two factors al MoreThis study is about the role of time and place in Ejtehad (supreme religious competence). There are different views on the influence of time and place on the Shariat decrees. The purpose of this research is to understand the interrelationship of the above two factors along with the views of the supreme religious authorities. Comparing traditional and Javaheri Ejtehad which Imam Khomeini (pbuh) has inherited reveals that the time and place factors have not been recognized the sole reference of Ejtehad. It is noteworthy that the Book and Shariat are interlinked in Shariat decrees and Ejtehad position whereas time and place are directly related to the specific decrees that is to say that through time and place the base of decrees and their specificity –internally and externally- are highlighted and dynamics. That is why that a decree on a specific subject can change with time negating or emphasizing the previous one. Therefore, time and place on a decree play their roles and not only decree. Manuscript profile -
Open Access Article
49 - Absentia Trial under Judicial Principles
mohammadreza kazemi javad mohammadalizadehAbsentia trial is a kind of trial in which the claim is considered when the defendant is absent and finally judgment by default is emanated. In jurisprudence, based on the traditions and lawful percepts, absence of the litigant won't prevent to execute justice. This tri MoreAbsentia trial is a kind of trial in which the claim is considered when the defendant is absent and finally judgment by default is emanated. In jurisprudence, based on the traditions and lawful percepts, absence of the litigant won't prevent to execute justice. This trial is not absolute and unconditional. To prevent probable damage, absent defendant can pay claimant's right by bail or guarantee, but the absent person con protest . Imamiyeh jurists introduced some rules for trial based on their viewpoints. In this article, the authors analyze the absentia trial in penal and lawful affairs judicially. Manuscript profile -
Open Access Article
50 - Jurisprudence Study of Transferor Lawful Possession in Mortgaged Asset
mohsen safari samad yousefzadehThe possession of transferor in mortgaged asset is one of the discursive issues in jurisprudence Imamieh , civil law , and judicial precedents . There are different opinions presented by the jurists in this regard, each of which MoreThe possession of transferor in mortgaged asset is one of the discursive issues in jurisprudence Imamieh , civil law , and judicial precedents . There are different opinions presented by the jurists in this regard, each of which has got many pros and cons. Chattered mortgage is the patent possession of transferor of the mortgaged asset. There are three theories of validity, lack of influence and invalidity which are presented in this article regarding to this issue. It is attempted in this article to extract the theory which is consistent with the subject entity and the truth of the case, with consideration the judicially and legally, so that the problem of the diversity of judicial verdicts could be solved. Based on the above discussion, it is attempted to shed light on this issue that if the mortgager sells the mortgage's property to third party after the fulfillment of the security agreement, what will happen to the contract of sale? Is that correct, non-affective or null? In this survey it is reasoned using legal texts that the law legislator in the matter on hand has followed the theory of nullity of transfer in regard to the mortgage property. This theory is exactly to explain the jurists' views. However It should be mentioned that the consequence of the nullity goes only to the mortgagee not to the parties of a contraction. Finally, the agreement between the buyer and the seller will have full effect by removing the legal impediment (The subsidiary security interest of the mortgage) from the mortgaged asset. Manuscript profile -
Open Access Article
51 - Contract adjustment due to economic fluctuations
Mohammad Reza Hafezi GHahestani Abbas Moghaddari Aimiri Abdol hamid MortazaviThe principle of the necessity of contracts (Pacta Sunt Servanda) has been considered and respected by lawyers in all legal systems and national laws of countries. As contracts and agreements indicate, legal and economic relations between individuals of the contract and MoreThe principle of the necessity of contracts (Pacta Sunt Servanda) has been considered and respected by lawyers in all legal systems and national laws of countries. As contracts and agreements indicate, legal and economic relations between individuals of the contract and as the main purpose of the contract is to create rights and obligations for the parties to the contract. sometimes some factors such as inflation, recession, sanctions and in general, economic fluctuations beyond the will of the parties, affect these contracts and cause differences between the parties. The occurrence of these events leads to a fundamental change in the circumstances and conditions of the contracts which makes the implementation of the contract for the obligor with excessive difficulty or unconventional losses. In such a situation, it is necessary to modify the contracts. Based on this need and by considering the increasing expansion of trade exchanges and concluding continuous contracts and inevitable economic developments, the present article investigates the impact of economic fluctuations on these contracts and the possibility of compensating for the imbalance created by resorting to contract modification. Based on the result of the study, it can be concluded that there is a modification of potential contract, but it is impossible by the principles of Feqh due to the proposed shortcomings. However, based on Article 3 of the Code of Civil Procedure and by using legal principles relying on the principle of interpretation of the will of the parties, the principle of good faith and fairness, and judicial procedure; it is possible for the courts to modify and revise the contract. Manuscript profile -
Open Access Article
52 - Criminalization of Informed False Statement in Iranian Law
Jamal Bayghi Sayyd Reza MosaviJudicial justice is one of the biggest goals of any judicial system, which has been raised as a value in legal systems. The concern of Islam is also evident in the implementation of justice and the establishment of justice based on Sharia standards in this field. On the MoreJudicial justice is one of the biggest goals of any judicial system, which has been raised as a value in legal systems. The concern of Islam is also evident in the implementation of justice and the establishment of justice based on Sharia standards in this field. On the one hand, the implementation of judicial justice requires the participation of citizens in providing timely and correct information about the occurrence of a crime, and on the other hand, it requires accurate and fast actions of the judicial system. Any action that delays the discovery of the crime and the identification of the accused and leads to the misleading of the judges handling the case and the escape of the accused from the clutches of justice, or leads to the reduction of their role in the occurrence of the crime, or makes innocent people into suspects. to accuse, it will put the execution of justice in a halo of ambiguity, and finally the order and security and public interests of the society will be under threat. Finally, in this research, using the descriptive and analytical method, it is concluded that false statements, in addition to bad consequences in the process of handling cases and delaying the proceedings, cause people's skepticism towards the judicial system, Iran's legislator except in cases Especially due to the lack of an independent chapter with the name of crimes against judicial justice, special attention has not been paid to the crime of informed false statements as a crime against judicial justice, and the need for a new look at the criminalization of false statements in line with the implementation of judicial justice. Manuscript profile -
Open Access Article
53 - Testimony and its conflict with the presumption juris tantum (judge science) from the point of view of jurisprudence and law
Aboulfazl Alishahi GHalehgoghi Alireza Mollashahi mansor gharibpoorTestimony is definitive information about a mandatory right for the benefit of a third party, which occurs from a third party. According to some legal articles (161 and 162 Islamic Penal Code), the proof is subject to Shari'a and legal conditions. On the other hand, acc MoreTestimony is definitive information about a mandatory right for the benefit of a third party, which occurs from a third party. According to some legal articles (161 and 162 Islamic Penal Code), the proof is subject to Shari'a and legal conditions. On the other hand, according to Article 241 B.C., the value and effect of testimony are assigned to the court's opinion. In a vague way, it may mean that when the testimony conflicts with other evidence, it is up to the court to determine its value and effect. In contrast to this legal and Shariah presumption juris tantum, the judicial emirate is the situation that leads to the knowledge of the judge and is obtained from three sources: Judges' suspicions, customs and social habits, evidence and circumstances... and at the discretion of the judge and if this evidence creates confidence and inner belief for the judge, it is considered as judicial evidence and can be considered as a document of the court's decision. In this research, with the analytical and descriptive method, using library sources, the problem has been addressed that in the position of conflict between testimony with Shari'a and legal conditions and the knowledge of the judge due to the judicial emirate, what is the solution and which one is the priority? The answer, while examining the legal status and evidentiary value of each one, as well as analyzing the relevant legal materials, with an extensive examination of the nature of the judge's knowledge and the evidence of its validity and its evidentiary value in evidence, it has been argued on the precedence of the judicial decree resulting from the judge's knowledge over the certificate. Manuscript profile -
Open Access Article
54 - Judicial Bases of Debt Exceptions
Homayoun mafi Seyyed Kamal HosseiniOne of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far MoreOne of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far from judgment creditor. This legal institution before that entered in law texts has been expressed in Islamic jurisprudence by great jurists. In this article, we survey the judicial bases of debt exceptions and explain our own comment finally. Manuscript profile -
Open Access Article
55 - A Reflection on the Challenges of Martyrdom in Iranian Judicial System
Abbasali Daroei Hasan Eskandari hossein eskandariAlthough the legislature, by deleting Article 1309 of the Civil Code, has limited the probative power of testimony, and for this reason, today any claim can be proved by testimony, but testimony in terms of validity of the result, due to the weakness of different powers MoreAlthough the legislature, by deleting Article 1309 of the Civil Code, has limited the probative power of testimony, and for this reason, today any claim can be proved by testimony, but testimony in terms of validity of the result, due to the weakness of different powers in understanding events, including power of sight, hearing and memory and the effects of external factors on testimony such as bribery, threats, media, etc. are questionable and also face obstacles in terms of qualifying; conditions such as justice, faith, etc., which are very difficult to prove. That is the reason why the legislator in Article 241 of the Code of Civil Procedure has provided the courts with the recognition of the value and effects of testimony so that even when the conditions of testimony and testimony are apparently combined, it can not affect it in the ways stated. What emerges in this article is an examination of the same obstacles, problems, and challenges that testimony faces. Manuscript profile -
Open Access Article
56 - Jealeh in Islamic Banking System
maryam Naghdi dourabatiHuman being enjoy all divine rights after birth. Everybody is deserved to enjoy these rights including civil and natural rights which described in Islam. Civil relationships of human being involve emotional, social and economic, relations. In Islamic banking ,eco MoreHuman being enjoy all divine rights after birth. Everybody is deserved to enjoy these rights including civil and natural rights which described in Islam. Civil relationships of human being involve emotional, social and economic, relations. In Islamic banking ,economic relationships of people are based on Islamic contracts. One of these mutual economic relationships between people in one side and banks in the other is "Jealeh". Loans are given to people in banks under the title of Islamic contracts which one of them is Jealeh. Jealeh is a judicial deal which is known in Iranian civil code as a definite contract. It is regarded as a way of giving loan in usury-free banking law of Islamic parliament. According to the third chapter of the above-mentioned law and the practical instruction of Jealeh clarified by the council of money and credit, the author presents its precepts. Manuscript profile -
Open Access Article
57 - Jurisprudence - Legal Basis for Preventing Litigation in Iran Law with Emphasis on French Judicial Procedure
Hosenali Mirzajani Roudposhti mehdi fallah khariki Seyed Hassan Hosseini MoghadamSince the consideration of any civil liability requires the existence of a present loss and on the other hand it cannot be passively sought to compensate for damages upon entry. Therefore, the principle of preventive litigation to avoid damaging or reducing it, and the MoreSince the consideration of any civil liability requires the existence of a present loss and on the other hand it cannot be passively sought to compensate for damages upon entry. Therefore, the principle of preventive litigation to avoid damaging or reducing it, and the imposition of costs. This article seeks to answer the question of whether the laws and regulations of Iran subject to the use of jurisprudential rules and through the deterrent of civil liability "with emphasis on the French judicial system" can oblige individuals to exercise caution and prudence to some extent. That failure to adhere to these principles and rules would result in "even before the actual loss" claim for damages commenced? The findings of this study suggest that civil liability using legal and jurisprudential rules as well as the "positive approach of French judicial procedure" will be able to interfere with the allegation of violations of law and before the loss enters into force against the principal. Identification damages and thereby provide a legal basis for a lawsuit. Manuscript profile -
Open Access Article
58 - An attitude towards the legal loopholes and executive challenges of the court rulings regarding the demand for alimony during marriage and the ways out.
Elham Najafi Javad Habibi tabar Azam KHoSHsourat movafaghThe main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine t MoreThe main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine the existing practical procedure in the courts as well as the jurisprudential and legal foundations of the demand for marital alimony, and also to express examples of conflicting opinions issued in the judicial courts to evaluate and criticize the legal citations and the existing judicial procedure. Because the existence of loopholes and ambiguities in the field of legislation has caused the lack of uniformity of procedure in the courts and the emergence of confusion and the issuing of mixed opinions from the family courts. In this research, the type of research is basic and the research method is descriptive and analytical, and since judicial procedure is considered as one of the sources of law, it has been tried as much as possible, in addition to introducing the current procedure, as a witness, some joint rulings from the family courts, which are randomly selected, to be cited and the decrees issued in this field should be analyzed, and as a result, by approving and interpreting the laws related to reciprocity and issuing unanimity votes in issues where conflicting opinions have been issued, implementation challenges can be minimized. Manuscript profile -
Open Access Article
59 - A Study on the Relationship Between Religiousity and Democracy in Nayshabor
Ebrahim Saleh Abadi Abdolreza Ghanhari -
Open Access Article
60 - Analysis of spatial distribution of citizenship security in Hormozgan province using prophetic technique.
laiia jalilian iman chaghajerdiAbsract Today, knowledge of the status of the security of the residents of a community has an effective role in identifying the challenges and strategies of developing a society and is a prerequisite for any social, economic, cultural and political development. The purp MoreAbsract Today, knowledge of the status of the security of the residents of a community has an effective role in identifying the challenges and strategies of developing a society and is a prerequisite for any social, economic, cultural and political development. The purpose of this study was to estimate and level the 13 cities of Hormozgan province regarding the sense of citizenship security , which is possible using 13 variables. In this research, Delphi technique was used to weigh the indices and to promote the technique of prophecy was used to analyze the data. The findings of the research show that Hormozgan Province with a net flow of 0.59484 obtained from the pro-tech technique has a relatively favorable status in terms of safety. Also according to the results, Bandar Abbas city with the net flow of 0.81645 at the best level and the city of Abu Musa with a value of 0.15258 were at the worst level of citizenship security. Manuscript profile -
Open Access Article
61 - The Nature of the Decision of the Working Group to Determine Examples of Cyberspace Criminal Content and Its Consequences
amirali behdadi mohamdreza zande morteza naji zavarehIn order to prevent the occurrence and continuation of criminal activities in the cyberspace and to ensure the protection of the public and national interests of the society, the Iranian lawmaker body has employed a guideline entitled The Order of Refining the Working G MoreIn order to prevent the occurrence and continuation of criminal activities in the cyberspace and to ensure the protection of the public and national interests of the society, the Iranian lawmaker body has employed a guideline entitled The Order of Refining the Working Group to determine examples of criminal content under the Article 750 of the Islamic Penal Code (section of Computer Crimes). This new non-criminal measure, which is a temporary security measure in nature, has entered the legal criminal policy of fighting cybercrimes based on the teachings of the negation of absolutism in terms of the technical and specialized characteristics of cyberspace crimes. The mentioned approach has caused challenges and given rise to ambiguities with regard to the nature of the position and status of the working group for determining examples and its decisions and the conflict they have with the decision of the judicial authorities.The authors of this research, using the qualitative-exploratory method and based on documents and library sources and using the point of view of experts, have concluded that: 1- The nature of the aforementioned working group is one of the examples of quasi-judicial commissions; 2- The decision of the working group to determine cases is subject to the supervision and can be sued in the Court of Administrative Justice according to the general principles of litigation; 3- In the legal procedure of the judiciary, the decision of the Amarah (lit. sign or allusion) working group is considered to be a refutable type of criminality.4- The decision of the working group to determine the examples for the judicial authority has a formality. Manuscript profile -
Open Access Article
62 - Examining the Legal and Criminal Aspects of the role of Semantics and Discourse Analysis to Improve Judicial Testimony in Courts
Zohreh Bahrami Davood Madani Mahmoud QayyumzadehOne of the most important evidences of judgments in judicial courts is reference to the testimony of witness, since slips and mistakes have been and continue to be with humans. Therefore, in the issue of testimony, sometimes people take their personal motives, interests MoreOne of the most important evidences of judgments in judicial courts is reference to the testimony of witness, since slips and mistakes have been and continue to be with humans. Therefore, in the issue of testimony, sometimes people take their personal motives, interests and intentions into account and based on that, they testify. Accordingly, there is a need for legal linguistics to distinguish between true and false testimony and other failures in testimony. Therefore, the following research, focusing on the two aforementioned principles, explains the legal and criminal aspects of the role of semantics and discourse analysis in order to improve judicial testimony in the courts through a case study. The results of the research show that Hyland’s model monitors the words and expressions used in witness testimony but Grice’s principle is based on phrases and sentences of witness testimony. So Hyland’s model is more effective than Grice’s principle in distinguishing true from false testimony. The Hyland’s principle, by means of its meta-discourse tools, determines the witnesses’ knowledge of the events and challenges and shortcomings of the witnesses’ statements, based on which the courts can distinguish true from false testimony. Manuscript profile -
Open Access Article
63 - Analysis of the Role of Community-Oriented Police in the Light of Restorative Justice (with an Emphasis on the Criminal System)
SEYYED SAJJAD razzaghi mousavi mehrdad rayejianasliReceive Date: 2023/01/01 Revise Date: 2023/04/30 Accep MoreReceive Date: 2023/01/01 Revise Date: 2023/04/30 Accept Date: 2023/05/07 Police institutions, which have a long archaism in different societies, were formed with the main purpose of maintaining public order and preventing crime occurrence. This institution, like public order, has evolved over the past decades in accordance with the evolution of the society's understanding of the criminal phenomenon and has shifted from traditional approaches to the new and community-oriented approaches. Nowadays, countries have faced an increase in crimes, which has caused insecurity and mistrust to the police in the society. In order to deal with this insecurity and mistrust, the governments decided to decentralize the police and also assign an important role to the society in fighting against crimes. Also, according to the current society's need for a police model which is different from the traditional police model, a restoration police was formed to respond to these needs. By using the descriptive-analytical method, the following article acknowledges the important and influential role of the police in resolving disputes and criminal issues as one of the actors of the criminal justice system. Among the most important preventive strategies of community-oriented police, we can point out the realization of interactive police instead of repressive police, the realization of ethical police instead of forceful police and playing the role of warning police instead of chasing police. On the other hand, changing the strategy from violent policies to participation-oriented criminal policies and also moving in the direction of community-oriented police model governance are among these requirements. In other words, the implementation of rehabilitation programs in the police organization requires the trust of the victims in the police as well as dignified behavior towards the victims. Manuscript profile -
Open Access Article
64 - Analysis of the Arbitrator's Conciliation Pronouncement in Iran’s Law under the protection of Judicial Procedure
ZEYNAB ALIPUR CHABANLO BAKHTIAR ABASLOReceive Date: 2022/11/16 Revise Date: 2022/12/08 Accep MoreReceive Date: 2022/11/16 Revise Date: 2022/12/08 Accept Date: 2022/12/19 By development of international trade and economic globalization, arbitration has enlarged quickly as a resolving method of international commercial disputes as today, arbitration is recognized as a common approach in the resolution of international disputes and rarely will not be predicted in an arbitration contract. While the speed of arbitration proceedings are highly regarded and admired but the significance and principal role of arbitration will be discovered when the arbitrator’s decision will be passed and parties could execute that as judicial verdict. Practically implementation of internal and international arbitrator’s decision within judicial authorities is faced with numerous legal and judicial challenges that some are because of legal deficiency and ambiguity and others are for the sake of inadequate judicial procedures. The principal objective of this research is to examine arbitrator’s decision and to analyze the samples of arbitration decisions. Additionally, after gathering information and regulating by means of taking notes and insertion in the related forms, notes will be brought according to title, partial subject and classified heading of research and information and contents in different parts and analysis and description of information will be done. Manuscript profile -
Open Access Article
65 - Investigating the Impact of Creating Electronic Notification and Registration in the Process of Judicial Proceeding
Behnam Ghanbarpor OMID GHORBANIToday, in the judiciary, very high volume of the current cases is very high and on the other hand, the number of incoming cases is increasing. On the other hand, the imposition of costs and the prolongation of the proceedings and the use of traditional cases such as tra MoreToday, in the judiciary, very high volume of the current cases is very high and on the other hand, the number of incoming cases is increasing. On the other hand, the imposition of costs and the prolongation of the proceedings and the use of traditional cases such as traditional notification by notification agents and the like, lead to a decrease in accuracy during the proceedings and ultimately the dissatisfaction of the clients. One of the methods that is now used to reduce the delay of proceedings and also to reduce disruptions in the proceedings (crimes against judicial justice) is electronic communication based on the network. Therefore, in this study, the effect of electronic notification and registration on the process of dealing with judicial cases was investigated. Studies show that electronic notification and registration has a positive effect on the process of dealing with judicial cases. Increasing the quality of proceedings, increasing the speed of proceedings, providing electronic services to the people and the parties to the case, improving the ability of judicial supervision and reforming the statistical system, increasing the speed of response, not having to go to the court and controlling the case around the clock, registering the details of witnesses and informants in order to identify profiteers in different cases, preventing manipulation of documents and non-interference in the contents of the notification are among the advantages of electronic notification. From the point of view of clients and judges, the positive effect of electronic notification on judicial cases is the condition of updating and optimizing the electronic notification system, increasing the speed and reducing errors, increasing the security of the system, increasing awareness and training clients to use the electronic notification system, recording events along with date of bills and annexes as well as facilitating logging into the system can be effective in increasing the speed of judicial cases. Manuscript profile -
Open Access Article
66 - Dejudicialization of Children and Adolescents under the Protection of the Children and Adolescents Special Police Bill Approved 1400 (Looking at the England Legal System Experience)
mohammad shahanaghi Mehdi Moghimi Receive Date: 2023/07/05 Revise Date: 2023/08/13   More Receive Date: 2023/07/05 Revise Date: 2023/08/13 Accept Date: 2023/09/10Abstract One of the innovations of some legal systems in dealing with the offences of children and adolescents is the formation of children and adolescents special police. For the first time, this idea was formed in England and America and because of that, a certain part of the police structure was dedicated to juvenile delinquency. The employed people in the special police have special education and expertise about the method of interacting with minors and principle dealing with crimes committed by them. In the countries that have recognized it, the special police have certain duties and certain competencies in the process of dealing with juvenile delinquency and as a result of the development of criminological ideas and even human rights’ doctrines, their approach in interacting with juvenile delinquents has become more reform-oriented and restorative; therefore, the responses that special police determines and implements in the dealing with juvenile delinquencies are different from the official punitive and repressive responses that governments determine and implement for adults. Authors in this article, with aim of investigate and explain the dejudicialization approach of the children and adolescents special police in Iran's legal system, have concluded that dejudicialization of delinquent children and adolescents is one of the most important prominent approaches in the bill of the special police of children and adolescents approved in 1400 in Iran. Looking at the experience of the English legal system in this field, it is clear that this country has also tried to avoid their entry into formal judicial processes and criminal proceedings, focusing on the dejudicialization of delinquent children and adolescents and using alternative methods, especially based on restorative justice to respond to the delinquency of children and adolescents. Manuscript profile -
Open Access Article
67 - Pathology of the Method of Examination of Reasons in Criminal Courts
mahdi pourreza farhad allahverdi mohammad nabipourReceive Date: 2023/04/20 Revise Date: 2023/05/01   MoreReceive Date: 2023/04/20 Revise Date: 2023/05/01 Accept Date: 2023/05/07 Article 166 of the Constitution: ‘the verdicts of courts should be documented and substantiated to the legal provisions and principles that according to that judgment is issued. The obligation of a judge to justify his decision is one of the crucial elements in accessing to justice and fairness. On one hand, the reasoned decisions enable higher authorities to effectively oversee the criminal judgments and on the other hand they contribute to increasing a sense of justice among addressees. Author in this article with aim of critical and pathological examination about method of dealing with reasons in criminal courts by means of using analytical descriptive method resulted that in order to achieve a fair trial, it is essential to pay attention to the reasons and issuing documented and reasoned decisions which prevents judicial tyranny and informs the litigants about the reasons for acception or rejection of their claims and evidence. Furthermore, the attainment of a fair trial necessitates the presence of expert and trained judges who can assess evidences based on their knowledge and expertise, leading to the issuance of reasoned decisions based on the legal evidences. Manuscript profile -
Open Access Article
68 - The Challenges of the Judicial Criminal Policy of Iran in dealing with the Crimes of Disturbance of the Economical System of Country (with a Critical Approach to a Number of Judgments of the Criminal Courts)
Sayyed Ali Hosein Al-Hoseini Saeid Hakimiha Sayyed Ali Jabbar Golbaghi MasoulehThe crime of disturbance of the economical system of Iran, due to the frequency of its occurrence in recent decades is regarded by the criminal law community of Iran and the subject of researches in the field of criminal sciences that in this regard, the upcoming articl MoreThe crime of disturbance of the economical system of Iran, due to the frequency of its occurrence in recent decades is regarded by the criminal law community of Iran and the subject of researches in the field of criminal sciences that in this regard, the upcoming article with identification of existing shortcomings and gaps in the judicial criminal policy of the Islamic Republic of Iran in confronting the disturbance in the economical system of the country, tries to indicate disorders originated from the implementation of this policy in the judicial procedure. The resulted findings from examination of the judicial criminal policy in dealing with these series of crimes of disturbance of the economical system of country, indicates that the criminal policy of Iran in dealing with these kind of crimes is different from other crimes and is in a repressive way and the most important challenges of the judicial criminal policy of Iran in confronting the crimes of disturbance of the economical system of the country is the multiplicity of the investigative authorities, binary interpretations and comments of the trial courts of the mentioned phrases and words in the Penal Code of Disruptors in the Economical System of the Country approved in 1369 and even the lack of the public prosecutor's office and the professional courts at the level of the country's provinces are for the purpose of professional researches and investigations about such crimes. Manuscript profile -
Open Access Article
69 - The Relationship between Terrorism and the Right to Life in Light of the International Judicial Precedent
Marzieh Ghobadi Seyyed Mohammad Ghari Seyyed FatemiAbstract: The human right to life is one of the most fundamental and inalienable rights of the human beings. No other rights or freedom have such great emphasis and categorical support in international human rights documents like the right to life. In recent years figh MoreAbstract: The human right to life is one of the most fundamental and inalienable rights of the human beings. No other rights or freedom have such great emphasis and categorical support in international human rights documents like the right to life. In recent years fight with terrorism has become one of the priorities of international community and the development of the subject in international law has been considerable. The question which is raised here is “what is the relation between the fight with terrorism and right to life?” Here some fundamental questions are raised “Whether on basis of international regulations use of lethal weapons against the suspects in terrorist activities?” Is the purposeful killing of the terrorist leaders is conforming to international human rights regulations? Whether the death of the terrorist in jail does blame the governments with breach of human rights violation? Whether the execution of those involved in terrorist operations is against human rights regulations? The present article by reviewing the international legal precedent come to the conclusion that although the fight against terrorism can lead to certain legal and legitimate violation of life to right but the instances which legally can violate the right to life is very limited and rare. Therefore as a general rule for the fight against terrorism those mechanism should be used which do not violate the right to life. The human rights courts and tribunals have repeatedly insisted that right to life preside all other values in human society, including the fight against terror. The methodology used in the paper is reviewing the verdicts of international human rights courts. Manuscript profile -
Open Access Article
70 - International Criminal Law Strategic Policies in Compensation with an Emphasis on International Judicial procedure
hossein jafari taheri Seyed Hesamodin LesaniSome international harms and injuries may be suffered by the victims through the commission of these crimes.The strategic policy of the Court has been linked with a critical and strategic approach to the political life of governments. Compensation has been institutional MoreSome international harms and injuries may be suffered by the victims through the commission of these crimes.The strategic policy of the Court has been linked with a critical and strategic approach to the political life of governments. Compensation has been institutionalized as an integral part of the strategic policy strategy of the International Criminal Court. The power element and the kind of strong and powerful relations with the Supreme Court can be decisive in the implementation of this policy, but the Supreme Court faces serious obstacles and obstacles in pursuit of strategic goals and policies by imposing authoritarian policies of global superpowers. These obstacles have created the balance of criminal justice system in dealing with international crimes. By this way the compensation as part of the function of the court is expressed through the implementation of the compensation plans. The Statute provides for the general points regarding compensation. However, the Court needs to establish the principles and procedures in every case. The main question in this research is what are the principles governing compensation within the ICC. For replying this question, the present research- which is in a descriptive-analytical method. Manuscript profile -
Open Access Article
71 - Analysis of judicial judgments from the point of view of style and type of writing
Nader PoorArshadThe style and type of writing judicial judgments Judicial judgment indicate that they do not fit into any of the important writing styles, including explanatory, descriptive, narrative, and persuasive (positive). In terms of application, it is not comparable to any of MoreThe style and type of writing judicial judgments Judicial judgment indicate that they do not fit into any of the important writing styles, including explanatory, descriptive, narrative, and persuasive (positive). In terms of application, it is not comparable to any of the scientific, literary, and administrative prose. The rereading of this situation has not been written sufficiently and clearly whether it is really independent and right and should add its style and type to all types of styles and types of writings or should not remove this situation and correct it with recommendations and requirements in aim Returning it to the family of styles and types of familiar writing. The present article, with the method of description and analysis, and relying on examples of judicial judgment, proves the first claim, i.e. the independent status of the style and type of writing opinions, and answers the second question, i.e. evaluating the authenticity and identity of the said situation. Manuscript profile -
Open Access Article
72 - Requirements and obstacles of the personal branding model of judicial managers in Islamic governance
Azam Sanaei Akbar Etebarian Alborz Gheitani Ali RashidpoorThe purpose of this research is to identify the requirements and obstacles of personal branding of judicial managers in Islamic governance.The research was conducted in the framework of qualitative approach and using thematic analysis method.to collect data to examine t MoreThe purpose of this research is to identify the requirements and obstacles of personal branding of judicial managers in Islamic governance.The research was conducted in the framework of qualitative approach and using thematic analysis method.to collect data to examine theoretical foundations; Written documents related to branding and personal branding, including books,treatises, articles, etc.,and conducting semi-structured interviews with a selection of prominent judicial managers and experts of the judiciary (high-ranking judicial staff of the judiciary from the highest level to chiefs, prosecutors, and deputies) Chief Justice of the provinces), experts and experts in the field of branding,personal branding and branding of managers, specialists in organizational behavior management and human resources, experts, university professors, etc. were discussed. After searching, checking and screening the identified sources,55 sources have related codes and were used. As a result of qualitative data analysis;65 codes,26 basic themes,6 organizing themes and2 overarching themes were identified. Based on this, the requirements include; Individual prerequisites for judicial managers' branding, organizational prerequisites for judicial managers' branding and facilitators for judicial managers' branding, and barriers to the personal branding model of judicial managers in Islamic governance including dimensions such as;Individual barriers, organizational barriers and social barriers are the branding of judicial managers Manuscript profile -
Open Access Article
73 - Conceptualization of economic crimes and strategies to deal with them in the criminal policy of Iran and France
meysam imani naghmeh farhud Seyyed Yazdullah Taheri NesabBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France MoreBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security and general crimes. endangersMethod: The present research was carried out using a descriptive and analytical method.Findings and results: For the first time, the Islamic Penal Code has presented a concept of economic crime by the method of "limited explanation of examples". To some extent, it can be said that examples of economic crimes have been stated. The criticism of economic crimes in Iran's current criminal policy is that some crimes, such as securities market crimes, are excluded from the scope of the definition, and some crimes do not have an economic nature and can only be related to economic crimes. , such as not announcing the occurrence of these crimes by the official authorities, they are included in economic crimes. Contrary to French law, in Iran's criminal policy, especially from the point of view of formal rights, there is no coherent and regular approach and no differential regime has been considered to fight these crimes, and despite the specification of "Special Court for Economic Crimes. Manuscript profile -
Open Access Article
74 - The impact of the virtual world on family law
azam karami ghare ghashlaghi abdolreza alizadeh seyed ali alavi ghazviniThe development of technology and communication (ICT) has made a huge change in human relations in such a way that the most basic institution of the society has faced intellectual, psychological, cultural and social damages in order to maintain itself and its functions MoreThe development of technology and communication (ICT) has made a huge change in human relations in such a way that the most basic institution of the society has faced intellectual, psychological, cultural and social damages in order to maintain itself and its functions against the transformation caused by the changes. In dealing with these injuries; Cultivation plays a key role in the recognition and correct use of the virtual space under the title of improving the level of media literacy.This qualitative research was conducted in terms of purpose, application and opinion gathering of information, sources related to the subject, and the obtained information was analyzed in a descriptive-analytical manner.This research has investigated the performance of virtual space from the positive and negative side on the institution of the family. In explaining the traumatic sociological factors, identity change, isolationism, virtual space addiction, privacy violation, etc. have been considered as negative factors of the effect of virtual space on the foundation of the family. Protecting the rights of family and ultimately improving the society depends on strengthening substantive and formal laws that are appropriate to the platform of virtual space and its unique features such as the speed of interactions and the absence of traditional borders. Reforming family laws as an independent institution in the perspective of the legislature requires changes in the field of reforming computer crimes, combining traditional family law laws with the characteristics of cyberspace and legislating regulations for the protection of family rights. Manuscript profile -
Open Access Article
75 - Iran's international judicial policy regarding the assassination of personalities with a look at the assassination of Lieutenant Sepahbod Qassem Soleimani
mohamad salehi Shahrdad darabi alireza saiedField and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in MoreField and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in 2020. This action was carried out by the order of the President of the United States, Donald Trump, in the form of a drone attack on the territory of Iraq, which violated many international regulations.On the other hand, the Iranian government took measures to counter it, which are part of these measures in the form of legal and judicial measures, which were examined in this research to finally clarify Iran's judicial policy in this field.Finding and Conclusion: Regarding the false claim of the United States that there is a security agreement with Iraq, it should be acknowledged that with reference to Article (3) of this agreement, it is clear that the authorization of terrorist acts or any military operations by the United States on the territory of Iraq, which is in clear contradiction In compliance with the laws, international customs, conventions of the Iraqi government and the spirit that governs it, it is invalid and free from any legal burden. The actions of the Iranian government in the form of judicial measures are divided into two categories: prosecution in international courts (International Court of Justice and International Criminal Court) as well as lawsuits in the domestic courts of the Iraqi government and the domestic courts of Manuscript profile -
Open Access Article
76 - Judicial oversight of prosecutions and investigations in the Iranian criminal justice system
abdoreza mansouri dehbid ahmad ramezani mansour atasheneBackground and Aim: Judicial supervision is not a new legal establishment in the penal system of Iran, but its emergence and emergence goes back to the passage of the Law on the Principles of Justice approved in 1307 and the establishment of customary courts. More progr MoreBackground and Aim: Judicial supervision is not a new legal establishment in the penal system of Iran, but its emergence and emergence goes back to the passage of the Law on the Principles of Justice approved in 1307 and the establishment of customary courts. More progressively these principles in the law The procedure of criminal proceedings, approved on 12/4/1392, has been crystallized. In criminal proceedings, judicial oversight of the actions of prosecuting and investigating authorities is in line with the rule of law. In this way, in the light of the rule of law, fundamental values such as the right to liberty, privacy and justice are better and more adequately secured.Method: The present study was conducted by descriptive and analytical methods.Findings and Results: The results show that in Iran's criminal policy, the revival of the judiciary led to the revival of the investigating authority in the Iranian judicial system, but due to the lack of separation between the prosecutor as the prosecuting authority and the investigator as the investigating authority, the prosecutor has wide powers. In the prosecution and investigation of crimes, and the interrogation phase, which is specific to mixed systems, is eliminated, and the task of investigation is assigned to the prosecutor along with the task of prosecution. Manuscript profile -
Open Access Article
77 - The role of the judiciary in maintaining the position and security of judges with emphasis on Article 164 of the Constitution
hosein mozafari Ruhollah Rahami mahdi shekh movahed mohamad moqadam farField and Aims: The independence of judges and judicial justice systems has deep roots in jurisprudence and religious beliefs. In Iran, the legislator of our country, based on the constitution which is rooted in Islamic jurisprudence, has foreseen the independence of th MoreField and Aims: The independence of judges and judicial justice systems has deep roots in jurisprudence and religious beliefs. In Iran, the legislator of our country, based on the constitution which is rooted in Islamic jurisprudence, has foreseen the independence of the judiciary and the judge in the constitution, and this law has guaranteed the independence of this branch. The independence of the judge and judicial system is considered as a principle of fair and just proceedings in all the legal systems of the world today and it is a basic guarantee for the realization of a fair trial without which the realization of justice is not possible.Method: The present research was carried out using a descriptive analytical method.Finding and Conclusion: The independence of judicial authorities has been accepted in international documents and Iran's legal system, in the principles of the constitution, which shows the freedom of the judge from any interference and influence of other authorities. Judicial independence means that the judicial system, especially the judge, is not influenced by non-legal factors and the prohibition of the intervention of those with power and wealth in the proceedings. Since the observance of this principle is considered a prerequisite for the administration of justice, the protection of citizens' rights and the provision of their legitimate freedoms, its observance has been the subject of consensus in all legal systems, although different guarantee mechanisms have been used.Therefore, despite the existence of legal provisions, the principle of judicial independence in Iran's legal system has not been fully actualized and has fundamental flaws that require the amendment of some relevant laws in this regard, so that, as a result, the principle of judicial independence in Iran's legal system is also international law to be realized. Manuscript profile -
Open Access Article
78 - Civil liability of classification institutions in Iranian law Looking at international court cases
zahra eliasy Masoud shirani dawood nassiranField and Aims: Classification institutions play an important role in relation to the insurable nature of a ship. This issue is referred to as the private duty of rating agencies. Legal systems have a different approach to the issue of civil liability in the above issue MoreField and Aims: Classification institutions play an important role in relation to the insurable nature of a ship. This issue is referred to as the private duty of rating agencies. Legal systems have a different approach to the issue of civil liability in the above issue. On this basis, in this research, we will examine the issue of what is the position of the civil responsibility of classification institutions in Iranian law and international conventions?Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.Finding and Conclusion: Those who believe that there is no civil responsibility for the classification institutions believe that the institutions only have the duty to provide advice and suggestions and have no guarantee for their performance, and the duty of the institutions is only to provide standards according to legal and international standards, and their compliance is also It is the owner's responsibility. But on the opposite point, the legal systems that gave absolute civil responsibility to institutions considered the duty of said institutions to be more than giving advice, and according to the contractual relationship that exists for institutions, they are like standardization organizations that have the duty of instilling rules and regulations between They know the international rules of work safety at sea and environmental protection. Manuscript profile -
Open Access Article
79 - Definition of investment in foreign contracts and international jurisprudence with emphasis on ICSID votes
Amirhosein baghaee leila raisiField and Aims: The basis of the establishment and continuity of any legal rule is to maintain its dynamics over time, and any rule that does not have the ability to adapt to its internal and surrounding realities will inevitably stagnate. The concept of foreign investm MoreField and Aims: The basis of the establishment and continuity of any legal rule is to maintain its dynamics over time, and any rule that does not have the ability to adapt to its internal and surrounding realities will inevitably stagnate. The concept of foreign investment is one of the important opportunities in the field of achieving progress in many fields in connection with the projects of the countries in different dimensions, and specific legal mechanisms have been determined for this issue in the international laws and domestic laws of each country. This concept has been defined and explained with the passage of time, firstly in the framework of various international treaties, which are increasing in number. The daily increase of international treaties in the field of foreign investment leads to the widening of relations between governments and, as a result, the occurrence of more disputes between them. In this context, the question is raised, what is the definition of foreign investment and how does the judicial procedure with emphasis on ICSID votes affect foreign investment?Method: This research was done using descriptive analytical method.Finding and Conclusion: Arbitration is considered as a suitable way to resolve commercial disputes. The Washington Convention, as the founding document of the Accidence Arbitration Authority, did not state any definition of the concept of investment, and this authority, relying on different interpretation techniques, tried to determine the meaning of investment, and this caused many theoretical differences around the issue of investment has created. Manuscript profile -
Open Access Article
80 - Criminal Mediation in Iranian Law and Imamiyah Jurisprudence
Abbas Shiri Varnamkhasti Alireza MohammadbeykiCriminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects MoreCriminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects on criminal law and criminology, this approach has faced with philosophical post-modern criticisms regarding its costs and effectiveness. Meanwhile, realistic managing and economic attitude has resulted in returning to the informal solutions for the disputes while ignoring governing role of the governments and outsourcing some of the duties and authorities all of which characterized by dejudicialization.Adopted approach by the Code of Criminal Procedure 2014 can be considered as the starting point for it to be structured in Iranian criminal law which aside from legal common basics it has also jurisprudential bases.The present research analyzes informal solutions - criminal mediation, in particular - of law as a known and frequently used method and covers its weak points by providing justifications or logical basics. The results of the analyses showed that despite the application of these solutions regarding minor offences (offences of 6, 7, 8 degrees) there is a deep gap to consensual justice to be realized. Nevertheless, the examples of legal reforms are as the indications of policy making for the consensualization of legal procedure and recognition of the basics and logic of informal solutions for solving criminal disputes which can be a starting point for extending the mechanisms of dejudicialization to the offences of higher degrees or non-criminal offences.Key words: dejudicialization, mediation, solving disputes, consensual justice Manuscript profile -
Open Access Article
81 - Study of Institution Judicial Exemption from Punishment in Criminal Law of Iran
masoud Fadaei Dehcheshmeh Asal Azemeyan amir SoleymaniOne of the innovations of the new Islamic Penal Code in the matter of mitigation is exemption from punishment in the seventh and eighth degree punishment mentioned in Articles 19 and 39 of the new Islamic Penal Code. In above-mentioned crime'articles , with presence mit MoreOne of the innovations of the new Islamic Penal Code in the matter of mitigation is exemption from punishment in the seventh and eighth degree punishment mentioned in Articles 19 and 39 of the new Islamic Penal Code. In above-mentioned crime'articles , with presence mitigating circumstances, if the court finds after conviction that the perpetrator will be corrected by not serving the sentence. In the absence of an effective criminal record and the plaintiff's pardon and compensation for damages or arrangements for compensation can be issued a sentence of exemption from punishment, According to this article, the exemption sentence, although in Article 727 of the 1370 Law, referred to the waiver of punishment if the private plaintiff pardoned. But discount is one of the innovations of the new law In fact, this article is a kind of attention to the status of prosecution in French law.In Iranian law, the court and not the prosecutor has the right to Exempt punishment if there are conditions reflected in thethat article , recognizing the perpetrator's correction, the private plaintiff's pardon, lack of an effective criminal record, compensation for damages, or establishing an order for compensation.Such an option in the form of suspension of prosecution, former is repeated in Article 40 of the Code of Judicial Procedure 1290, amended in 1352 And Article 22 of the Law Amending Some Judicial Laws on Misdemeanor CrimesThe institution of suspension of prosecution has now been given to the prosecutor in Article 81 of the Code of Criminal Procedure adopted in 1394. This research has been done in the form of a library-documentary that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile -
Open Access Article
82 - The rights of the accused and the invalidity of the preliminary investigation; Challenges and requirements (in the Code of Criminal Procedure adopted in 1392 and subsequent amendments)
masoud Fadaei Dehcheshmeh Asal Azemeyan sajad jahanbaziGojaniPrior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the def MorePrior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the defense rights of the accused, the situation has changed. The provision of criteria such as the right to inform the relatives of the accused, the right to a medical examination and the right to be informed of the rights of the defense are among the most important innovations of this law, which itself indicates an attempt to further the preliminary investigation. Installing the "Charter of the Rights of the Accused" in the corridors of police stations, courts and criminal courts in such a way that it is visible to the clients and the accused, so that they ask the law enforcers to observe these rights; It may have beneficial effects on the judicial reform process and the way criminal proceedings are conducted. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are also expected to make every effort to ensure strict observance. In the Code of Criminal Procedure adopted in 1392, failure to comply with the mandatory principles in the preliminary investigation stage has resulted in disciplinary punishment and there is no place that explicitly considers the guarantee of non-compliance with these principles in the preliminary investigation stage to invalidate the preliminary investigation. The comments of Articles 63, 106 and 196 of the said law confirm this opinion this research has been done as a documentary library .We first found a source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile -
Open Access Article
83 - Critics on the Compensation Regime for "Unjust Imprisonment and Detention" In Iran's Legislative Criminal Policy
Mahdi Khaghani EsfahaniCompensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in c MoreCompensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in criminological knowledge, critical criminology, and related sciences. Articles 255 to 258 and 518 of the Iranian Code of Criminal Procedure and Articles 163 and 13 of the Islamic Penal Code provided a legal basis for compensation for innocent convicts. The instances specified in the law are exclusive and it is not possible to expand the scope of compensation for such individuals by developing the subject and comparing it to similar cases; However, the beneficiary and the victim will have the right to claim damages for invoking other jurisprudential principles and rules, such as the no-harm rule and the negation rule. Therefore, the principles of human rights and jurisprudential rules are one of the most important principles of compensation for innocent defendants and convicts.This article, after criticizing the legal provisions related to compensation for unjust detention from the perspective of Iran's legislative criminal policy in the light of jurisprudential principles and international documents, explains that the national and provincial commissions for judicial compensation, despite alignment with the idea Islamic Guarantee and Restorative Justice, Due to the Continuity of Punishment Overcoming the Judicial Sub-Discourse - Despite the Main Rehabilitative and Restorative Discourse - and Due to Legal and Structural Defects, They Have Not Been Transformed the Doctrine of Compensation into Improper Detention by the Judiciary Formation. In the end, it is suggested that the application and ambiguity of paragraph "c" of Article 256 of the Code of Criminal Procedure be restricted so that it does not become a platform for escaping from compensation. Manuscript profile -
Open Access Article
84 - A comparative study of the laws of Iran, Turkey, the UAE and the international legal system in the field of international judicial cooperation regarding corruption crimes.
Hassan Kohandani Asal AzemeyanThe International Judicial Cooperation Bill, the latest measure of the Islamic Republic of Iran in the field of international judicial cooperation regarding administrative corruption crimes, seems to have been drafted by the judiciary. Although this bill has many weakne MoreThe International Judicial Cooperation Bill, the latest measure of the Islamic Republic of Iran in the field of international judicial cooperation regarding administrative corruption crimes, seems to have been drafted by the judiciary. Although this bill has many weaknesses and problems, But it shows the serious intention of the Islamic Republic of Iran to enter this field. In the meantime, the United Nations Convention against Corruption, as the main international convention on corruption crimes, has drawn mechanisms for governments for international judicial cooperation. The main question in this research, which has been conducted in a descriptive-analytical way, is what are the differences and similarities between Iran's laws and the international legal system in the field of international judicial cooperation regarding corruption crimes? The result of this research shows that there are important differences in the field of corruption crimes that can be cooperated internationally. The petitioner's authority and jurisdictional conflicts exist between different implementing institutions in the Islamic Republic of Iran with the international legal system. Manuscript profile -
Open Access Article
85 - Comparative comparison of Article 174 of the Constitution of the Islamic Republic of Iran with the International Ombudsman
Yasaman SaeidiThe Ombudsman is a non-judicial grievance authority and a modern monitoring mechanism on the proper functioning of administrative and government organizations, which aims to develop democracy with the help of the powers and legal frameworks that are provided for this au MoreThe Ombudsman is a non-judicial grievance authority and a modern monitoring mechanism on the proper functioning of administrative and government organizations, which aims to develop democracy with the help of the powers and legal frameworks that are provided for this authority in each country to deal quickly and informally with The reports and complaints of individuals are related to any actions or omissions outside the regulations or inappropriate behaviors that occurred as a result of mismanagement in administrative and government organizations. In Iran, there is no institution called Ombudsman, but we can refer to its similar institution, the "National Inspection Organization", which has become a permanent member of the International Ombudsman Institute. The purpose of the current research, which is written in a descriptive-comparative way, is to scientifically examine the position of the Ombudsman in Iran in order to reduce the problems of judicial proceedings, which lead to the delay of proceedings and the obstacles that dominate the country's administrative system. The findings indicate that; The General Inspection Organization of the country, under the supervision of the judiciary, supervises and inspects in order to better implement the law and correct the existing process in the wrongful organizations, and it only has the task of following up and informing the decision-making bodies provided for in the law, but the supervision in The ombudsman institution is independent and discretionary social values of the country, because one of the basic pillars of a system is the expansion of justice and people. Leadership is whistle-blowing in discovering corruption and administrative violations, improving the level of performance and appropriate behavior of agents, discovering and rooting problems and providing corrective solutions that will be possible with continuous and powerful monitoring and inspection. Manuscript profile -
Open Access Article
86 - Analyzing the dimensions and components of evaluating the supervisory performance of the Supreme Court on the good implementation of laws with an Islamic and Quranic perspective in the courts.
Nader Najd Hassan Pashazadeh Alireza NojavanThe Supreme Court of Iran is the highest judicial authority in Iran, which was formed in order to monitor the correct implementation of laws in the courts and to establish the unity of the judicial procedure assigned to it according to the law, based on the criteria det MoreThe Supreme Court of Iran is the highest judicial authority in Iran, which was formed in order to monitor the correct implementation of laws in the courts and to establish the unity of the judicial procedure assigned to it according to the law, based on the criteria determined by the head of the judiciary. According to Article 3 of the Law on Determining the Appeals of Court Judgments and the Procedure for Handling them, approved in October 1367, the Supreme Court is the authority for reviewing, violating or upholding the judgments of the First Criminal Court, the First Legal Court, and the Special Civil Court and the Revolutionary Court. Proceedings in the branches of the Supreme Court of Iran are formal, and after examining the case and the court verdict and comparing the cases with the law, if the Supreme Court judges the verdict to be correct and in accordance with the law and Shariah standards, it approves it and the judicial proceedings are terminated. Finds. The findings of this article in the review of the court's supervisory performance show that according to Article 392 of the Civil Procedure Law, this court, while examining the judicial case, if it observes a violation by the judges of the case, it must apply the law and this issue requires judicial and disciplinary supervision. Because separate disciplinary and judicial supervision does not make sense because it leads to the delay of proceedings and abuse of persons. On the other hand, the court does not have the unity of supervision due to the multiplicity of supervisory authorities; Therefore, the Supreme Court should exercise its supervision comprehensively and centrally. Manuscript profile -
Open Access Article
87 - An attitude towards the legal gaps and executive challenges of court rulings regarding the demand for alimony during marriage and the ways out.
Elham Najafi javad habibi tabar azam koshsorat movafaghThe main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine t MoreThe main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine the existing practical procedure in the courts as well as the jurisprudential and legal foundations of the demand for marital alimony, and also to express examples of conflicting opinions issued in the judicial courts to evaluate and criticize the legal citations and the existing judicial procedure. Because the existence of loopholes and ambiguities in the field of legislation has caused the lack of uniformity of procedure in the courts and the emergence of confusion and the issuing of mixed opinions from the family courts. In this research, the type of research is basic and the research method is descriptive and analytical, and since judicial procedure is considered as one of the sources of law, it has been tried as much as possible, in addition to introducing the current procedure, as a witness, some joint rulings from the family courts, which are randomly selected, to be cited and the decrees issued in this field should be analyzed, and as a result, by approving and interpreting the laws related to reciprocity and issuing unanimity votes in issues where conflicting opinions have been issued, implementation challenges can be minimized. Manuscript profile -
Open Access Article
88 - Standardization of Personality Pathology Dimension Inventory (DAPP-BQ) in Tehran Judiciary Staff
حسین Sh فاطمه بیتاله الهکبر نرگس بهشتیIn this research, psychometric properties of personality pathology questionnaire were used In the staff of judicial complexes in Tehran, the main question of the research has been raised.Is the questionnaire of personality athology dimensions in the MoreIn this research, psychometric properties of personality pathology questionnaire were used In the staff of judicial complexes in Tehran, the main question of the research has been raised.Is the questionnaire of personality athology dimensions in the employees of judicial complexes in Tehran, has the desired psychometric properties?The methodology of this research is in the field of methodological research with emphasis on psychometrics.The statistical population of the research is the employees of the judicial complexes of Tehran, who are associated with the consultants.A total of 175 teppers. According to the Morgan sample, 120 people were selected by simple random sampling method.In this study, Personality Pathology Dimension Inventory (DAPP-BQ) has been used which has good validity and reliability.Finally, in order to determine the coefficient of validity of the questionnaire, with emphasis on the internal consistency of the questions, two methods of alpha Cronbach and two half-test were used using the Pearson correlation coefficient model;Also, in order to study the validity of the synchronous criterion from the reconstructed Multi-Personality Inventory Questionnaire (MMPI-2RF) and the correlation of these two questionnaires,Also, in order to investigate the construct validity or factor, a hierarchical factor analysis method has been usedAnd the results showed that the least credit coefficients obtained from the two methods of alpha Cronbach and the two test halves, the coefficient of validity (0.75), refer to the scale of "lack of emphasis", "intimacy problems" and "rejection" "Should beAnd other coefficients higher than 0.80 and it can be argued that the scale of the questionnaire is at a desirable and higher than desirable level.Also, in assessing the validity of the criterion (synchronous type), it was determined that personality traumaticity questionnaire with MMPI-2RF coincides with the staff of the judicial complexes in Tehran Manuscript profile
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