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Open Access Article
1 - 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
2 - Consular Protection Of The Victims Of The Offences Who Fall Under The Jurisdiction Of The International Criminal Court
A. SaybaniCurrent regulations are based through internationally accepted norms and political relations between countries. Current affairs in the tumultuous world of today requires cooperation between governments. Citizens of each country determine the aspects of these relationshi MoreCurrent regulations are based through internationally accepted norms and political relations between countries. Current affairs in the tumultuous world of today requires cooperation between governments. Citizens of each country determine the aspects of these relationships. By the rule of law governments have to protect their citizens’ right in other countries; in case a citizen face judiciary hardship in other countries, his/her government will support him/her, as long as this support does not interfere with the laws of the country, where the citizen has his/her residence. Even citizens who either travel to other countries or live in foreign countries may become victims, due to the violation of their human rights by the guest countries. Such crimes may also fall under the jurisdiction of the international criminal court. The victims deserve the support of their governments, which is usually of consular nature. The aspects of the support is determined either by the law of victims’ country or by the 1963 Vienna Convention. The government of the victim's country decides how to implement the support. Manuscript profile -
Open Access Article
3 - The strategic role of religious teachingsJurisprudence in th prevention and prohibition of corporal punishment of children
mohamad ali badami mohamad mahdi meghdadi marziyeh pilevarStudies and observations show that children have always been the most threatened, harmed and abused. Innocent children who are considered the capital of human society are subjected to violence, physical abuse and, unfortunately, the corporal punishment of corporal punis MoreStudies and observations show that children have always been the most threatened, harmed and abused. Innocent children who are considered the capital of human society are subjected to violence, physical abuse and, unfortunately, the corporal punishment of corporal punishment and violence against children. It is documented as criteria and arguments that show the depth and breadth of this problem. In the international system, any violence and harm to children is prohibited under any title, and it seems that getting rid of the problem of corporal punishment of children in our legal system is based only on finding a proper view of Imami jurisprudence and derived from religious teachings. In this perspective, dignity The child and his / her best interests must be properly observed and any action contrary to the dignity and interests of the child is prohibited. It represents a complete and comprehensive legal and educational system for children, the findings of this study were obtained. The method of data collection is library and in processing data and information collected is a descriptive-analytical method. Manuscript profile -
Open Access Article
4 - A Comparative Study of Child Abuse and Sexual Crimes from Quran, Common Law and International Documents’ Viewpoint
Sahar Zargarian Hassan Shafi’eePaying attention to children's rights is not only a matter of today's society, but also in Islam, children's rights have been considered in similar cases. In this article, it is intend to explore child exploitation and sexual crimes in international conventions in MorePaying attention to children's rights is not only a matter of today's society, but also in Islam, children's rights have been considered in similar cases. In this article, it is intend to explore child exploitation and sexual crimes in international conventions in accordance with the Holy Quran and the common laws of Iran. By anticipating the rights of children and adolescents and their urgent need to basic humanistic support, today international documents and domestic laws have tried to criminalize any child abuse; the Quran has focused on various manifestations of child abuse. Manuscript profile -
Open Access Article
5 - Women Political Rights Form The Islam View And International Human Rights Documents
محمد Jalali S. F. MousaviThis research was an analytic descriptive investigation that intended to explain if Islam and conlsequently Islamic Republic of Iran considered the political rights for women. And also whether ornot such an important issue was taken into consideration in human rights in MoreThis research was an analytic descriptive investigation that intended to explain if Islam and conlsequently Islamic Republic of Iran considered the political rights for women. And also whether ornot such an important issue was taken into consideration in human rights international documents?And how the women political rights in Islamic and Iranian society to be enforced into practice?Do they play any significant role in governmental and administrative professions? With referenceto jurisprudence resources, international documents and their analysis the following result wasachieved: in Islamic jurisprudence resources like Quran in verses such as “enjoin good and forbidevil”, “loyalty to Prophet Mohammad” peace upon Him and... and also in traditions and infalliblesanecdotes referred to women political rights. Also in constitutional law in some codes such as 6,13, 56 women and men participations were equally confirmed. Following this law, women canenter various administrative and governmental professions. Looking at human rights documentsshowed that these documents also supported women political rights. Manuscript profile -
Open Access Article
6 - Feasibility of employment rights of disabled citizens from perspectiveSubject laws and international documents
hedieh sadat mirtorabi ehsan aghamohamadaghaee khatereh ghasemiOn the one hand, the right to employment of the disabled is a concern of most general and special human rights documents, both international and regional, based on citizenship considerations, and on the other hand, due to the specific physical and mental requirements of MoreOn the one hand, the right to employment of the disabled is a concern of most general and special human rights documents, both international and regional, based on citizenship considerations, and on the other hand, due to the specific physical and mental requirements of citizens, it may require special commitment from the governments. , based on behavioral considerations and support requirements. In the meantime, the principle of equal employment opportunity and the principle of prohibition of discrimination, which are the most fundamental principles in all human rights documents and domestic laws, target the government as a responsible and committed institution, and it means that the government's commitment in the field of disabled people's rights is justified Positive discrimination requires a reinterpretation of rights and duties. In Iran's legal system, according to the comprehensive law on the comprehensive protection of the rights of the disabled, almost all governmental, semi-governmental bodies and organizations, public and revolutionary institutions and even sometimes private and non-profit organizations are required to provide cultural, economic, social and educational support to the disabled citizens. The title of the first law, which has such a broad view on the issues of the disabled, is important. Despite this, shortcomings are observed in the implementation of policies and laws, including the employment of disabled citizens in jobs that they have the talent and ability to do because they do not have the appearance accepted by the society. Manuscript profile -
Open Access Article
7 - Environment protection in the international leggal system
Leila HemmatzadehSince environmental changes and degration involve the entire international community and its not only limited to a specific region, environmental protection requires the cooperation and solidarity of all governments and nations at the international level in order to pro MoreSince environmental changes and degration involve the entire international community and its not only limited to a specific region, environmental protection requires the cooperation and solidarity of all governments and nations at the international level in order to protect our environment and only inhabited planet and to prevent them from destruction.Considering the importance and special role of legal protection and supervision, especially at the international level, in the field of protecting the environment and preventing its destruction and pollution, in this paper, with a brief mention of the history of the legal activities of the international community in the field of environmental protection, the international laws and institution for the protection and supervision of the environment and preventing its pollution and destruction will be studied. Then, to improve their performance, some suggestions will be made by mentioning and analyzing the strengths and weaknesses of these laws and institutions, if necessary. Manuscript profile -
Open Access Article
8 - The government's civil responsibility in protecting citizens' health from the perspective of Shia jurisprudence, citizenship rights and international documents
hossein esmail zade Abbas Moghaddari Aimiri Abdolhamid MortazaviThe right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, MoreThe right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, and if the government does not fulfill its obligations and causes damage to citizens, the government must compensate for the damage. Especially since the government is fully responsible for providing public health and meeting medical needs, according to the covenant between the nation and the government and international agreements and obligations. Therefore, the civil responsibility of the government means the responsibility arising from the activities of the government. Therefore, it will be stated in this article, the government's responsibility may be due to the failure to fulfill the duties towards the people, the undesired performance of the duties, or the delay in the fulfillment of the duties and obligations of the government towards the people. Therefore, the civil responsibility of the government may be due to the performance of the government or government employees who have played a role in the occurrence of factors that affect the health of the people, or they did not do so in situations where they could have prevented it or solved it. Manuscript profile -
Open Access Article
9 - Analysis of civil liability of stakeholders in forestry projects in domestic laws and international documents
zeynab karimimaneshCivil liability in the direction of forestry plans is one of the most important issues which has always been considered in the documents between the international and domestic law . the difference in the civil liability of stakeholders persons in the plan of forestry in MoreCivil liability in the direction of forestry plans is one of the most important issues which has always been considered in the documents between the international and domestic law . the difference in the civil liability of stakeholders persons in the plan of forestry in domestic law and comparing them with international law is the difference in the principles and conditions of this kind of responsibility so that the basis of this kind of responsibility in the law of iran is more than jurisprudence and law . in the subjects of this kind of responsibility in iran 's law and the documents between the international , we can examine various regulations including legislation of iran in 1962 by ratifying laws of protection and protection of them . and in 1967 , by ratifying the laws of protection and exploitation of forestry and pastures , the government obliged to prepare forestry plans to protect and safeguard it . the international law on the international law is also referred to as the 1972 , rio 1992 , johannesburg 2002 . therefore , the purpose of the present study is to investigate the principles of civil liability of stakeholders persons in the civil law and the international documents . with we concluded that the civil liability of persons is different in the basis of international law and is common in the purpose and the works that protect the forests and compensation. Manuscript profile -
Open Access Article
10 - A Comparative Study of the Dimensions of Refugee Property Rights in International Historical Documents and Iranian Law
Fatemeh Darvishi Mohammad Sadeghi Seyed Bagher MirabbasiThe purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights a MoreThe purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights and freedoms recognized in the human rights system. However, given the special situation and circumstances in which refugees find themselves, the enjoyment of only certain rights is of particular importance and they have special duties in accordance with those conditions. The findings of the study indicate that: The right to property is one of the issues that is emphasized in the Convention relating to the Status of Refugees, the right to acquire movable and immovable property. Article 13 of the Convention stipulates that the Contracting States shall treat refugees in relation to the acquisition of movable and immovable property and other related rights, as well as in the case of lease or other contracts relating to the ownership of movable and immovable property, to the extent possible. Foreign nationals in Iran According to the Aliens Acquisition Regulations adopted in 1327, if they want to acquire property in Iran for their residence, industry or place of business, they must submit the declarations of the registry office of the location of the property to be sent to the General Registry Office for permission. Manuscript profile -
Open Access Article
11 - Analyzing the legal rules governing the remedy caused by the termination of the contract and predicting its breach with emphasis on international documents
hadi roosta sjafar hashemi امیر محمد sediqianField and Aims: Today, businessmen in their international exchanges often use the contract of sale, which is sometimes breach by one of the parties, And inevitably, to compensate for the damage, compensation methods should be used in different systems of the world. In t MoreField and Aims: Today, businessmen in their international exchanges often use the contract of sale, which is sometimes breach by one of the parties, And inevitably, to compensate for the damage, compensation methods should be used in different systems of the world. In this regard, compensation for contractual damages has been fully accepted in most legal systems and international documents, which include the principles of European contracts and the principles of international commercial contracts, as well as the Convention on the International Sale of Goods But in Iran, internal legal rules are still used when necessary which has caused legal challenges in this regard.Method: The present research was carried out with a descriptive analytical method.Finding and Conclusion: The findings of the present research showed that the principles of international documents that are important in the enactment of laws and principles governing contracts in terms of anticipating violations and termination and finally compensation have not been included in the legal rules of the subject as it should be, because the review and analysis The assessment of damages caused by breach of contract in Iranian law compared to international documents indicates the weakness of Iran's legal system, as a result of the need for Iran's judicial system to apply international principles and documents and legal rules governing contracts in line with commercial and economic interactions at the international level. And compensation for damages caused by breach of contract is necessary. Manuscript profile -
Open Access Article
12 - Protection of the Victims of Smuggled Health-oriented Goods in Iranian Criminal Policy and International Documents
babak pourghahramani fatemeh ahadi sonia alizadehsamehField and Aims: Health-oriented Goods smuggling is an example of economic crimes, which is categorized in health threatening crimes group, causing humans’ death all over the world. Hence, importation and production of health-oriented goods should be carried out un MoreField and Aims: Health-oriented Goods smuggling is an example of economic crimes, which is categorized in health threatening crimes group, causing humans’ death all over the world. Hence, importation and production of health-oriented goods should be carried out under severe control and supervision. The aim of the present research study is protecting victims of smuggled health-oriented goods in Iranian criminal policy and international documents.Method: the present study was carried out using descriptive-analytical method with library Sources.Finding and Conclusion: Findings of the present research study indicated that Iran’s criminal policy toward the victims of Smuggled Health-oriented Goods is a different approach, which can be seen in the articles 26 and 27 of the Law of Fighting against goods and currency smuggling acted in 2013, and paragraph C of article 7 of Law of fixed Rules of the country’s development acted in 2017. Prediction of atonement and compensation of loss in the article 27, in addition to being a punishment for the banned goods’ smugglers, is a discriminatory criminal victims’ protection. Investigation of the international documents indicated that protecting victims of some of the crimes has a one-dimensional aspect and no clear and complete protection is seen in these documents. Hence, it is expected that proctors of this crime consider special measurements and steps in their national and international rules in line with all-dimensional protection of the victims. Authorities and the officials in charge should protect Smuggled Health-oriented Goods’ victims through consideration and prediction of medical, financial and social supports. Manuscript profile -
Open Access Article
13 - The study of democracy and people's sovereignty in Shia jurisprudence relies on domestic and international laws
Amir Ahmadi Tahere pournemati shamsabad ali partoviField and Aims: : In Western thought, the sovereignty of the people is manifested in a democratic system, and the individual deals with his social relations with an identity independent from the society and the government. Also, the legitimacy of laws and government com MoreField and Aims: : In Western thought, the sovereignty of the people is manifested in a democratic system, and the individual deals with his social relations with an identity independent from the society and the government. Also, the legitimacy of laws and government comes from the sovereign will of the people, and governments guarantee the rights and freedom of the people.In fact, maintaining and respecting such mutual rights is necessary for the individual and the society. Because it is only in the shadow of fulfilling duties and fulfilling the right that the government and the individual can grow. In the Islamic system, there is a direct relationship between the people and the absolute sovereignty of God, and the people have been granted the right to self-determination, and the people have accepted this religious basis. The purpose of this research is that considering the fact that the government of Iran is republican and Islamic, this article aims to address the issue of how far the law of Iran as a republican state and Imami jurisprudence as well as international documents is correct. The sovereignty of the people and the establishment of democracy have been taken into account, and on the other hand, considering its Islamic nature, how has this right been applied?Method: The research method in this article is conventional in human sciences and the method of library study, which was compiled by analyzing the available materials in an analytical and descriptive way, while finding the necessary research and responding to the points and issues rose in this article.Finding and Conclusion: In the present study, the internal aspect of the right to self-determination, which is the right of the people to elect the government system and participate in the decision-making of the society, in terms of international laws and documents and the law of the Islamic Republic of Iran, which is based on Islamic jurisprudence, and its adaptation to Islamic jurisprudence , has been investigated and it can be seen that the Islamic Republic of Iran is a system based on religious democracy, which has been very successful in establishing a democratic system. Also, by studying Islamic sources, we can say that there is no conflict between the principles of Islamic jurisprudence and the right of people to rule, and the difference is in the rules of rule. Manuscript profile -
Open Access Article
14 - A Review on National and International Legal Documents on Combating Sand and Dust Storms
Manijheh Ganjalinejhad Farhad Dabiri Sahar Zarei Seyed Ali Salehpour -
Open Access Article
15 - Influence of good governance in respect of human rights
seyed zeinalabedin mousavi Housein aghaei jannat makan nourmohammad nowruziHuman rights demands have increased human rights around the world. Public opinion has more responsibility for governments than ever before. These developments have contributed to the spread of universal human rights. As a result, some personal and collective rights have MoreHuman rights demands have increased human rights around the world. Public opinion has more responsibility for governments than ever before. These developments have contributed to the spread of universal human rights. As a result, some personal and collective rights have been promoted and more important. International humanitarian law is under way in pursuit of human rights, and the issue of human rights and good governance has been placed on the agenda of international institutions and has led to the issuance of international documents The total of these developments has increased the expectations of the good governance of society and sees the way to guarantee and respect human rights in a kind of governance that has changed the concept of "good governance". Good governance is the ideal form of government that governs public affairs on the basis of indicators such as accountability, rule of law, accountability, government efficiency, the fight against corruption, central justice and the right to comment, and guarantees human rights.This type of governance is seriously addressed in response to human rights demands and the pursuit of democracy, in the field of public law and, of course, in international documents, and has been emphasized by international law in international treaties and emphasized by the majority of international lawyers. The author that observance and guarantee of human rights are not possible except in the light of good governance.Human rights implementation ensures the implementation of human rights indicators that achieve good governance and ensure the implementation of human rights. Manuscript profile -
Open Access Article
16 - The place of motivation and ideology in defining terrorist crimes in Iranian law and comparing it with international documents
mazaher khajevand mina jafariOne of the obstacles to countering terrorism is disagreement about the concept and nature of this phenomenon. The constituent elements of terrorism have not been universally agreed upon, and this has led to different perceptions of terrorism and, as a result, a lack of MoreOne of the obstacles to countering terrorism is disagreement about the concept and nature of this phenomenon. The constituent elements of terrorism have not been universally agreed upon, and this has led to different perceptions of terrorism and, as a result, a lack of coordination in the fight against it. The fundamental question that arises in this regard is what are the characteristics and elements emphasized in the crime of terrorism? What is the place of motive and ideology in the definition of terrorist crimes in Iranian law compared to international documents? The present article is a descriptive-analytical and examines the question using the library method. The results of the study indicate that systemic violence, motivation (ideology), organization and lack of legitimacy are the most important characteristics of the crime of terrorism. International documents, including the UN General Assembly definition of terrorism, mention motive as a feature of terrorism, but in Iranian criminal law, the basis is not an independent criminal title for terrorism and emphasizes the systematic violence of terrorism in creating public terror. In Iranian criminal law, terrorism is mainly dealt with as moharebeh. Terrorism is considered in international documents or as an international crime in itself. Manuscript profile
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