فهرست مطالب

فصلنامه اندیشمندان حقوق
پیاپی 12 (بهار 1396)

  • تاریخ انتشار: 1396/03/30
  • تعداد عناوین: 13
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  • Page 5
    More forward as one of the compelling issues of our time which is always faced with great changes in society are different form what displayed and change their approach and creating new demends and needs of society and a democratic government is committed to responding to these needs and consider them knows. When we speak of democratic society is the first thing that comes to mind is the law and keep pace with the needs of the law but it is not possible that such laws are constitution change and other issues¡ why the new generation of commitment and adherence to laws that may have been born at the time of writing and the need to obey the laws of such. New laws and the importance of community to new demands of continuous change their constitutions and unwise makes an effort to provide solutions for a balance between the needs of the new generation that needs to be answered and less need to re-provision is constitutional. Legislation and institution with organic law and De facto what people wanted by the laws adopted in line with the principles of the constitution and new institution to be manifested.
    Keywords: Self, Determination, New Generations, Revision of the Constitution, De facto institutions, Organic Law
  • Page 23
    entry of aliens into the country for any reason which made the effects and consequences in terms of political¡ security¡ economic¡ cultural and even geographically and morphology of the population to follow. Especially if they take place without regard to the possibilities and needs of the community¡ the effects of their presence far more vital factors will smell. This makes the government and the higher the legislator in order to prevent the negative consequences¡ according to political expediency¡ economic and social and the interests of their own citizens to apply restrictions to the rights of foreign nationals. This study¡ according to reliable sources in Iran’s rights to identify legal and natural persons having the alien’s rights and the question is: What can be effective in creating limitations to the rights of aliens? Restrictions to the rights of aliens in what context? In this regard¡ issues such as alien concept and its relationship with citizenship¡ types of aliens¡ alien law and public law principles¡ Political and private Iranian legal system checked them.
    Keywords: alien, citizenship, alien law, alien types, alien rights
  • Page 39
    Prohibition of torture has been recognized in various human rights instruments. Iranial laws¡ according to lastly ratified laws and rules¡ including Criminal Procedure Code 1392¡ are completely compliant to international instruments ratified by Iran in relation with prohibition of torture¡ in particular Convention Against Torture (CAT) in most of cases. There are some measures in Convention Against Torture (CAT) for prevention of torture such as criminalization of torture¡ its punishment¡ right of complaint of torture¡ and immediate proceeding of it¡ training law execution officers and monitoring their actions¡ monitoring methods of examinations and prisons and creating prohibition of torture commettees¡ invalitidy of data gained by torture¡ and right of torture victim to compensate. Iranian Legislator has recognized prohibition of torture and necesary measures in order to prevent it in relative laws and regulations and although there are shortages in laws and regulations¡ but there are also remarkable actions in order to achieve prevention of torture. The purpose of this research is to examine amount of Iranial laws and regulations compliance to International Human Rights Instruments in fighting torture. In order to do that¡ this research seeks to answer questions including definition and elements of torture and also preventive measures in fighting torture in Iran and International Human Rights Instruments and their similarities and diferrences.
    Keywords: Torture, Prevention, Convention Against Torture (CAT), Human Rights
  • Page 49
    High amounts bribery and its negative impacts on the economy of countries and that bribery has become today a global problem¡ have made countries to think to perform important and significant actions to fight against bribery are common at the international level¡ in addition to the criminalization of bribery in their domestic legislation and adopting severe punishment for its perpetrators which an obvious example is the «United Nations Convention for Combating Corruption Act of 2003». Since the corruption and bribery cause the creation of the third part of the economy called the «hidden economy» and underlie committing other crimes¡ such as customs crimes ¡ smuggling¡ destruction of government documents and money laundering¡ so in this paper we investigate the bribery from the perspective of the history of developments in criminal law¡ also the definition of this crime in Iran''s law and the reasons for the prohibition of bribery in Islamic Law.
    Keywords: bribery, corruption, crimes against justice, the prohibition of bribery
  • Page 59
    The present study investigates the relationship between life¡ economical¡ family¡ and mental factors with prostitution in section 2 of Tehran city. The statistical population is consisted of 60 prostitutes in section 2 of Tehran city. Prostitute is a woman who makes a livening through submitting herself to others or sexual incentives. In this research¡ data were collected through descriptive and fieldwork methods such as interviews and questionnaires. Qualitative data were content analyzed and quantitative data were statistically analyzed by using SPSS software. Research hypothesis were proved by Spearman Correlation Test. This study tries to answer the question whether poverty and Family and mental disorders had an impact on prostitution or not. The results showed that there is a significant relationship between bad economical¡ family¡ and mental situation of prostitutes and their prostitution.
    Keywords: reasons for prostitution, women's prostitution, social corruptions
  • Page 65
    Today¡ One of the issues that the country faces many challenges made unauthorized entry and residence of nationals of neighboring countries in its territory. The entry of foreign nationals has brought many problems and negative consequences for our country. one of which is their marriage with Iranian women whose destructive consequence for society is increasing the number of children without identity. According to Article 976 of the Civil Code ¡the right of Iranian women has been ignored because their children cannot take their mothers'' nationality. According this Article¡ Thus¡ according to civil law¡ women who marry foreign men no have nationaity of iran. unless In the context of a single article to determine the children of women married to foreign nationals adopted in 1385¡ but after the age of eighteen. Stateless many of these children has lead consequences in terms of economic¡ social and cultural rights for the children and society. So the main question of this research is that what is causes the phenomenon of stateless children and the problems caused by it? This paper reviews and explains the causes of stateless children and expressed its problems and then present solutions and suggestions for solving this problem.
    Keywords: Children, Nationality, Foreign Nationals, Marriage
  • Page 85
    Apostasy and its specific provisions which is of issues raised in divine religions and laws¡ is also among the issues discussed in Islamic criminal law. Apostasy is considered in Judaism as individual¡ in Christianity as political¡ and in Islam as individual¡ social and political deviation. Provisions of apostasy¡ although seems normal in its historical background¡ but in today’s world public opinion¡ is incompatible with human rights. On the other hand¡ since in Islamic Law¡ there is a significant relationship between apostasy and insulting¡ it is necessary that this issue be explored and scrutinized.
    Keywords: apostasy, insulting, Islamic jurisprudence, Sunni Jurisprudence
  • Page 101
    Today the prison is considered as a bitter and undeniable social reality. Pros and cons of the prison¡ each one have raised the issue of prison from their point of view. A group considers the prison traumatic and a group considers it scavenger damage¡ one sees the prisoner an inherent offender and the other one sees it caused by social problems and so on¡ one knows its function Positive - discipline and correction and compatibility with the norms of the society- the other one knows its function negative - exacerbation of social disease through the experiences of other prisoners-. However¡ the prison there is duo to communities need and as the primary means of official control of modernity to be able to hold inconsistent and abnormal individuals apart from societies for a while. the prison issues as one of the last stop stations of criminals and offenders have always been considered by officials¡ sociologists and law professionals and the prison as punishment always has been objected and criticized by opponents on the one hand and encouraged and promoted by proponents on the other hand. proponents have enumerated its features¡ especially compared with other punishments and opponents mentioned its defects.
    Keywords: the prison, punishment, damages, consequences, effects
  • Page 115
    Today ¡crimes such as drug dealing and carrying drugs and also behaviors such as advertising drug use because of simplified communication ways ¡are facilitated and have compromised welfare of societies .From a sociological and legal points of view¡ addiction is considered a strain and a crime ¡respectively ¡and can sometimes be a background for other corruptions .In fact ¡addicts have the ground for committing crimes related to drug use .Addiction increases domestic violence ¡decreases physical ¡mental ¡and sanitary health of members of society and also causes economic downturn .Therefore ¡the present study investigates addiction and related delinquencies to prevent the grounds for drug us and tries to find out answers for questions such as the relationship of unemployment¡ beggary ¡vagrancy with drug dealing and drug use.
    Keywords: addiction, delinquent behaviors, preventing crimes
  • Page 125
    Punishments basically are overthrown by implementation¡ apart from the implementation there are other factors that overthrow punishment and generally General Litigation. Legislator in the penal code in 1392 enumerates the reasons of aborting punishment¡ time lapse is one of these reasons that is¡ the time has passed after that complaint¡ prosecution¡ sentencing or punishment is impossible. In fact¡ time lapse is cause for termination of the trial and sentences that was designed and issued long time ago and legislators have tried to forget them. One types of time lapse is time lapse pursue that is¡ the elapsed time that the defendant hasn''t been prosecuted and after the expiration of this time chasing him is canceled. It is notable that legislator has accepted time lapse for suspended¡ except outlined legal suspended¡ and several other crimes. This paper attempts in the light of judicial decisions and criminal law in Iran particularly the Penal Code in 1392 answer to questions like these: why outlined legal suspended are not lapse? Is the day of day of crime considered as a part of time lapse or not?
    Keywords: overthrow of punishment, time lapse, time lapse of prosecution, criminal law
  • Page 135
    Ta’zir prescribed in Article 401 of the Islamic Penal Code (enacted in 2013) and its reference to Article 614 of the Sanctions Law (adopted in 1996)¡ based on Article 447 of the same code¡ just include the cases of deliberate assaults when there is no possibility of retaliation leading to the works mentioned in this Article and/or its exemptions. Therefore¡ any damage that is subject to Article 401¡ which only causes skin discoloration or swelling that is not caused by gun or knife¡ without considering what set forth in Article 614 of the mentioned code¡ is not subject to the Ta’zir mentioned in Article 614. Overall¡ with ratification and implementation of the Islamic Penal Code enacted in 2013¡ intentional crimes for which retaliation is not possible are subject to Ta’zir whenever they are instances of Article 614 of the mentioned code and/ or its exemptions and for other deliberate injuries Ta’zir punishment were not considered. This also faces with various opposite views. In this article¡ while discussing the importance of the public aspects of crime¡ the dominion of Article 614 of the Sanctions Law (1996) with the approval of the Islamic Penal Code (2013) are discussed.
    Keywords: mentioned bodily harm, public aspect crime, Tazir, public discord
  • Page 149
    The problem and
    Purpose
    material needs and standard of living in today’s society are strongly enhanced. Scientific and technological progress have made the division of labor inevitable in the society and almost no one can think about the employment and income from usual jobs while principled and profound intellectual efforts to create new technology. Unlike the past intellectual works have also found material value and are known as the main way to meet material needs of authors. On the other hand. increasing development and diversity of communicative tools have exposed these capitals (which play an important role in the development of human civilization¡ culture¡ economy and industry) to big dangers. For this reason¡ the owner governments and nations of the world’s modern technology have developed rules and guidelines for the protection and control of intellectual property of technology creators and made other countries to comply with and follow these rules.
    Method
    The present study has been compiled and analyzed by library method and with written and translated resources¡ books and articles.
    Keywords: intellectual property, material property, crime, work, Iran's law
  • Page 157
    This is article we has studied discussing liability arising from the car there is fault of defect and documentary producer that cause damage or injure or death during the incident or accident.expressed three foundations for the responsible 1fault 2breach of warranty 3strict liability Under Iranian law automotive supplier during the warranty period required to fix any flaws or defects arising from design¡ construction¡ production or transportation that exist in car or has indicated As a result of normal use of the vehicle The cost of troubleshooting during warranty period And compensation for any damages caused to consumers and third parties Both human and financial losses and medical expenses resulting from an accident origin of the production car is documented flaw Is manufacturer responsible In addition to hes responsible the cost of providing replacement car. Clause 2¡ Article2 of the Law on Protection of Consumers’ Rights vehicle has set 10 year commitment period automakers this is article¡ has studied reliable sources in law¡ And foundations and proof of automobile liability and The effects of this responsibility and…
    Keywords: Civil liability, The automaker, defect, loss