فهرست مطالب

اندیشمندان حقوق - پیاپی 13 (تابستان 1396)

فصلنامه اندیشمندان حقوق
پیاپی 13 (تابستان 1396)

  • تاریخ انتشار: 1396/06/30
  • تعداد عناوین: 12
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  • Page 5
    Freedom of speech is a right that a truly democratic society grants to all of its citizens to voice their opinions and articulate their thoughts without any fear and cost. This right will not be trustworthy and practical unless it is guaranteed and protected by the Constitution and its cases and limitation terms are constantly and continuously being reviewed and studied.The right for the freedom of speech has many blessings and benefits for every individual, society and political system. The freedom of speech is an important technique and tool in a human exploration and its path toward the truth. It is the main and essential element in materializing and protecting democracy. If the democracy is based on threeprincipals of; ‘rule of law’, ‘accepting public supervision’ and ‘participation’, the freedom of speech will play an important role in its improvement and manifestation. The freedom of speech is an essential part of spiritual evolution and plays an important role in human dignity which enables us, as human beings, to protect our greatness and high values. If there is a need for some limitations on the freedom of speech, it should be done democratically and through a legal and competent authority.
    Keywords: freedom of speech, democracy, Truth, tolerance, compromise, wisdom
  • Page 15
    Subject and aim: In the contemporary era, due to the development of criminology and introducing the topic of crime prevention, it has been paid attention to the role of the police in this regard. In the criminal law, the basis of criminalizing is loss and the legislator’s sentence. Thus, the police must use prevention policies in crime prevention.
    Method
    The present research is applied in terms of aim and its data is analyzed and collected by library research and through using written resources, books and written and translated papers implemented projects.
    The research findings and
    Results
    The findings of this research shows that the police should use preventive measures instead of suppressive activities. In this regard, the police must establish a direct interaction with society institutions, especially citizens. Teaching civil rights to the citizens is one method by which the police can prevent crime and enhance the lifestyle of the people. Finally, the researcher has proposed key solutions.
    Keywords: Crime, prevention, police, Iran
  • Page 39
    Closure of juridical relationships in the treaties or the revocation of treaties in treaties’ general rules and in Iran Law is because of three factors which are revoke, termination, mutual rescission. but in the general terms of construction contracts (issue number 4311) which are imparted according to circular number 102.108854.842 in 03/03/1378 to administrative systems have quoted a special kind of closure of juridical relationships under the title of treaty closure which is seemingly is not consistent with quoted factors. The purpose of writing this article is to comparatively study the article 48 of treaty’s general conditions with each one of these patterns, and also to review the opinions in this matter. In this research after explaining the treaty revocation factors in Iran law, we study the nature of Article 48 of treaty general conditions and the opinions are reviewed. Finally, advantages of necessity of determining the duration in contracting treaty as a continuous treaty and also anticipating the duration for revocation option, closure of treaty written in article 48 of general terms of construction contracts considering it being limited to the treaty duration, it is consistent with revocation option of article 399 of civil code which is simply anticipated for the employee.
    Keywords: closure of treaty, article 48, general terms of construction contracts, treaty revocation, revocation option
  • Page 79
    The most important options in direction to dissolution the requisite contracts¡ option of defect that person authority in Refusal of contract or prehension of compensation.Of cases that person at option of defect is not authority, It is that the right of refuse canceled.So, the question is that from aspect of jurisprudents, What are referent waiver of refusal at option of defect? Are these referents consensus among jurisprudents? In this research¡ While the concept option of defect and related concept¡ By examining the different opinions of jurisprudents, Has raised questions answered And it is clear referents numerous waiver of refusal¡ Quarrel and according to circumstances are waiver of refusal.
    Keywords: option of defect, waiver of options, Dissolution of contracts, Compensation
  • Page 95
    The Criminal Procedure Code is one of the oldest branches of criminal law, which, by decades ago, was used in a manner consistent with the old and rigorous manner, without regard to the reason and the motive for committing the crime by the perpetrator, and to ignore the demands of the victim, solely for the purpose of committing criminal acts. But due to the ineffectiveness and the lack of influence of such encounters in reducing or controlling crime, decades ago, policymakers of the criminal justice system have moved in new ways, most notably the new approach called contractual justice, one of its effects Mediation is in the criminal case. In this study, we are going to examine this institution and, fortunately, we will consider article 82 of the Criminal Procedure Code of 1392.
    Keywords: Mediation, contracting justice, criminal justice system, consensual justice, just punishment
  • Page 123
    Jurists have different opinion about the nature and concept of a contract; but it can be found that most of them agree on the fact that realization of the contract requires elements such as will, intent, consent, requirement and accepting and without such elements, they consider the contract as missing the title of the contract or invalid; or at least they believe in lack of influence and lack of arrangement of its legal effects. Among these elements, “requirement and accepting” have prominent roles in the formation of contracts and it means that as long as the causing will does not link with the accepting will, the realization of a contract is obviated. Among the contemporary jurisprudential views, there is a different theory from such a famous view that says all the nature and identity of a contract is due to obligation and the accepting will has only the role of validating the causing will. The theory can be a way of proving the theory of required obligation, in the words of some contemporary jurists and lawyers, and it seems that the only owner of it is Imam Khomeini (Peace be upon him) and later the commentators of his ideas. Reviewing the basics and arguments of the theory has special legal effects and requirements which studying them is the focus of the investigation.
    Keywords: obligation, required obligation, contract, accepting
  • Page 137
    Enacting the code of criminal procedure in February, 2014, the legislator, for the first time, allows the accused to haveaccess to a lawyer in the preliminary police investigations corresponding to and in line with the United Nation’s principles and international standards. But, with a study of the articles 6, 48 and 52 of the Issued Notices, forming the basis of such a right in favor of the accused, quite contrarily, we are faced with an undue silence as well as a great many of legal barriers and limitations in this regard. Furthermore, the shortcomings of the procedures codification, the lack of adopting appropriate and necessary sequence of instructions for the exertion and implementation of the aforementioned law is clearly visible. The pitfalls and the limitations mentioned above can also be observed regarding informing the public of the Right of Access to a Lawyer, the facilitation of the affairs and the related preps pertaining to the legal assistances, inspection and supervisory mechanisms concerning easing the access to legal aids, teaching police officers regarding such a right, the advent of limitations and barriers in legal counseling and so forth. The result is that although the legal aids providers play a very important role in preparing quick access to legal assistances such a right cannot take effect without effective cooperation, arrangement of procedures, adoption of appropriate instructions and methods sought by the police as the general law enforcement body as well as teaching the police officers in connection to such a right, its importance and the significance of the relevant rules and procedures.
    Keywords: law enforcement officials_duties_responsibilities_the Right of Access to a Lawyer_international documents_code of criminal procedure