Original Article
Criminal Law and Criminology
Iman Madaniyan
Abstract
Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal ...
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Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal procedure law. Therefore, it is necessary to examine the attitude of the legislator in the civil society organizations in the criminal process and apply the findings of the collaborative criminal policy in the new law.Method: descriptive-analytical method will be used in this research. The collection of information used in this research is library and document method, and internet bases, books, magazines, etc. are used. Also, the information used in this research will be collected using the slip and slip writing method.Findings: After the developments that occurred in the last two centuries regarding the foundations of criminality, criminologists have come to the opinion that in order to formulate efficient and dynamic criminal policies, in addition to the phenomenon of the criminal and the personality of the criminal, other factors of the environment and society should also be considered. and pay attention to the criminal policy beyond the penal policy. Politics has been defined as a solution to the problems of the society, and the term "criminal" has been used to refer to criminal phenomena, which all together means a solution to deal with crime.Results: Legislative criminal policy, as the first layer of criminal policy in a law-making government, consists of the legislator's deliberation and solution regarding crime and the response to it, which takes different forms according to the dependence of criminal policy on the political system of each country. Legislative criminal policy is the taste of different legislators and their choices in all types of crimes and punishments and in general how to deal with the criminal phenomenon and criminal proceedings
Original Article
Criminal Law and Criminology
Iman Madaniyan; Mohammad Reza Elahi Manesh
Abstract
Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such ...
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Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such as protection of the plaintiff against confrontation with the accused, protection of the plaintiff's identity, the right to benefit from compensation and the right to protect the plaintiff against threats, each of these components is a kind of moderation in the field of recognition. Knowing the rights of the plaintiff. Method: According to the nature of the topic and the intended goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method and is based on explanation, explanation, explanation and reasoning based on the materials extracted from the sources.Findings: In the case of the plaintiff's request, if the prosecutor or the investigating officer deems the study or access to all or some of the documents in the case to be contrary to the necessity of discovering the truth, he will issue an order rejecting the request, stating the reason. The decision to reject the request mentioned in the previous point is communicated to the plaintiff in person and can be challenged in the competent court within three days. The court is obliged to consider the objection and make a decision in extraordinary time. The court's decision is final. Results: It is possible to explain the rights and criminal laws of Iran and compare the rights and powers of the plaintiff in criminal proceedings and provide the necessary suggestions in order to eliminate the defects. After explaining the situation of the plaintiff and examining the rights and powers of the plaintiff, the researcher tries to investigate the existing situation in the protection of the plaintiff in the process of proceedings, although the most worthy of comment in this process is the initial stages of the process, i.e. the entry of a person as a plaintiff. However, the plaintiff's rights have been examined in other stages and in the rules of procedure approved in 1392
Original Article
Jurisprudence and the Essentials of Islamic Law
Batul Mohammadi
Abstract
Purpose: The issue of having children and paying attention to the generation has been one of the most important aspects of human life, and for this reason, God has institutionalized the desire and love for children in his nature, and in all divine religions, he has encouraged man to have children according ...
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Purpose: The issue of having children and paying attention to the generation has been one of the most important aspects of human life, and for this reason, God has institutionalized the desire and love for children in his nature, and in all divine religions, he has encouraged man to have children according to his nature. . The religion of Islam, in the form of verses of the Qur'an and the traditions of the innocents (PBUH), has commanded childbearing and has confirmed its many merits. He has paid attention and in case of fulfilling the special conditions of the individual, the family and the society, he has ordered the increase of generations and the multiplication of the population, and he has considered it one of the important benefits of Islamic societies and one of the factors of power and authority. Also, during the effort to increase the generation, he did not give up on its qualitative improvement and with the series of orders mentioned in the religious sources, he demanded the improvement of perfection and the mental and physical desirability of the child.Research method: In this study, all the articles published in Persian language until the winter of 1401 in the field of childbearing from the perspective of the Qur'an and the Imams of Ahl al-Bayt (AS) were examined. These articles are searched through databases, Fiqh Research Quarterly and Fundamentals of Islamic Law, Hohza information base, sid.ir, Comparative Fiqh Quarterly and Civilica publications, using keywords such as Quran, Hadith, childbearing, procreation, desirability, child. have been obtained. It has also been extracted from the above-mentioned articles and websites from reputable scientific journals. Findings: Throughout history, this discussion has always been a source of controversy and disagreement among thinkers, and the proponents and opponents of the multiplication of generations have insisted on refuting each other's opinion by enumerating the disadvantages and advantages of a large population. On the other hand, the way to achieve and obtain a child, and in other words, the many and varied methods of having children, are other important topics in this field, and the religion of Islam expresses its views in order to evaluate the quality of these methods, and if any method is adopted, it gives recommendations on how to do it. Directly in the hadiths or abstracting rulings from the hadiths, he has dealt with new issues.Conflict of interest: The author hereby declares that there is no conflict of interest regarding the present research.
Original Article
Criminal Law and Criminology
Atiyeh Vejdani Fakhr
Abstract
Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented ...
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Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented is that, this category, by paying attention to (invariable elements) existing in every criminal policy (crime - deviance and government response - social response) and (relationships) existing between these elements, (structural analysis) and (modelling). In this method, (crime) is investigated as a violation of mandatory norms, usually legal (normativity-must) and (deviance) as a violation of prevailing social norms or a state of non-compliance with the average behavior (normality - the dominant state of the existing behavior) is defined. Considering the pervasiveness of legal norms (the rules of obligatory khumsah tavariyyah) in Islam, for the study of criminal policy in Iran, dividing the behavior that violates the norm into (crime) and (deviance) - in the aforementioned concepts It is not practical. Nevertheless, in the normative system of Islam, controlled behaviors are distinguished from free behaviors
Original Article
Private Law
Susan Yousefi
Abstract
The purpose of this study was to investigate the legal nature of the obligation of the issuer and endorser in front of the holder of the bill of exchange. The design of the descriptive research was descriptive-analytical. The purpose of this research is to explain the legal nature of the obligation of ...
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The purpose of this study was to investigate the legal nature of the obligation of the issuer and endorser in front of the holder of the bill of exchange. The design of the descriptive research was descriptive-analytical. The purpose of this research is to explain the legal nature of the obligation of the issuer and endorser to the holder of the bill of exchange and its effects in commercial law and to clarify the ambiguities and inadequacies in Iran's commercial laws regarding the use of these documents. Validation and effectiveness of these documents in internal commercial exchanges based on Iran's trade law and Iran's trade law are among the goals pursued in this research. In order for a commercial document to be able to realize the two principles of speed and accuracy in commercial transactions, it is necessary to have certain attributes and characteristics and to be transformed from a paper form as a means of proof (like official and normal documents) into a movable and immaterial property and independent of Basic transactions and relationships should be valid. Therefore, there is no doubt in the demand for credit reflected in the sheet, and as a result, speed in business is ensured.
Original Article
Private Law
Susan Yousefi
Abstract
Commercial documents, which are means of payment in commercial transactions, are considered a tool to help regulate commercial relations such as buying and selling, transportation and providing services and establishing order between merchants, and this role makes the mentioned documents more important ...
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Commercial documents, which are means of payment in commercial transactions, are considered a tool to help regulate commercial relations such as buying and selling, transportation and providing services and establishing order between merchants, and this role makes the mentioned documents more important and the existence of regulations It is necessary to be precise and comprehensive about them. In this research, the author is trying to refer directly to the sources and references in a library way and by using descriptive-analytical analysis to all the mentioned cases in this regard and how the signatories of commercial documents are responsible in paying for these documents in Iran with a view Respond to business rights and discuss them more carefully. The most important function of commercial documents is that they are a means of non-cash payments. Identifying the function of these documents as a payment system can be very effective in the realistic description and functional analysis of these documents. An approach that by using the economic analysis of the desired or efficient performance of these papers is the answer to many legal issues surrounding them.
