فهرست مطالب سهیل ذوالفقاری

In ancient history, children had criminal responsibility. The written laws do not have specific provisions for the irresponsibility of minors, but there is evidence that children didn't have criminal responsibility or reduced responsibility until they reached a certain age. with the advent of religions and sects, the criminal responsibility of minors was completely eliminated. Accordingly, in this paper, we examine and analyze the criminal responsibility of children throughout history.In ancient history, children had criminal responsibility. The written laws do not have specific provisions for the irresponsibility of minors, but there is evidence that children didn't have criminal responsibility or reduced responsibility until they reached a certain age. with the advent of religions and sects, the criminal responsibility of minors was completely eliminated. Accordingly, in this paper, we examine and analyze the criminal responsibility of children throughout history. In ancient history, children had criminal responsibility. The written laws do not have specific provisions for the irresponsibility of minors, but there is evidence that children didn't have criminal responsibility or reduced responsibility until they reached a certain age. with the advent of religions and sects, the criminal responsibility of minors was completely eliminated. Accordingly, in this paper, we examine and analyze the criminal responsibility of children throughout history.

One of the reasons of juvenile delinquency is the conflict arisen in the relations between parents and their children. The source of so many conflicts of the young should be located in the way their parents dealt with them in their early childhood. Different kinds of conflicts and the social study of this trauma and explaining it in different kinds of families, societies and income are some of the most important factors in raising this phenomenon. Studying these forms in details can lead into knowing different dimensions of this problem. Therefore, we can move toward controlling or reducing this conflict among families and even preventing it which itself leads into other delinquencies by its doers. One of the reasons of juvenile delinquency is the conflict arisen in the relations between parents and their children. The source of so many conflicts of the young should be located in the way their parents dealt with them in their early childhood. Different kinds of conflicts and the social study of this trauma and explaining it in different kinds of families, societies and income are some of the most important factors in raising this phenomenon. Studying these forms in details can lead into knowing different dimensions of this problem. Therefore, we can move toward controlling or reducing this conflict among families and even preventing it which itself leads into other delinquencies by its doers.

In spite of religious order in Quran that husband and wife, must compatible each other, there has been set out in verse 34 of Surah An-Nisa' regulations that jurists and lawyers, do not agree at their purport and application conditions. Specially what is meant by this section "to beat them" in the Sura. According to the prominent opinion of Shiite Jurists, what is meant by beating is exactly the act of beating wife bodily. However, few jurists believe that the verse prescribe not to speak to women. Although the later has no power to contradict the former, but on the basis of some of indisputable legal principles and laws, the acceptance of enforceability of the prominent opinion is too difficult.

Despite the efforts of jurists and lawyers to explain the relationship between man and his "mode of domination" to his own members, there remain ambiguities about the theoretical foundations of human relations with members of his body. This article seeks to answer the question that, as Maker (the victim) relies on the killer (slave) on his killing and says, "If I punctuate you, I will kill you". With the argument that Zerah On his own body, he can be reluctant to assume that he is responsible for the criminal responsibility and, therefore, he considers the person to be of any kind? The main finding of the research is that by pondering on the theoretical foundations and arguments of jurists and lawyers, one can claim that even if the elements of reluctance are realized in the assumption discussed, the person will not be deprived of criminal responsibility; Therefore, it should be assumed that accepting the responsibility of the killer (Maker) is consistent with the general principles of criminal law, and that the interests of society and citizens can be better achieved.

By virtue of a mortgage agreement that has been dealt with in most of the jurisprudential texts and has been governed by the provisions of Articles 771 to 794 of the Civil Code, the debtor submits to the creditor, in order to establish his religion, At the end of the charge, the mortgage is performed and resumed, or in case of non-payment of the religion in due time, the mortgagee may demand a sale from that place. In this process, each of the parties to the mortgage agreement has the rights and duties that the taxpayer has incurred. Understanding these rights and duties can solve many legal conflicts. Including the salary of a mortgagor, it is the property of the property owner who is liable for the property and the payment of the maintenance fee and the amount of the remittance to the mortgagor is from his duties. The mortgagor is entitled to the other claims and the right to withdraw from the mortgage case and is obliged to maintain, manage and reject the mortgage.

Development and prosperity of the country is determined in light of security and economic stability. Therefore, authorities and relevant institutions have imposed different laws and norms to achieve this purpose. Meanwhile, trafficking and especially goods trafficking has destructive effects and consequences, especially in relation to economic security. Goods trafficking not only disturbs public security, but also it disturbs the economy of the society and blocks the well-worn path of growth and dynamism of the country. Therefore, the criminal justice system as a safeguard for the interests of society has started fighting against this ominous phenomenon; but developing a justice-based system of criminal justice and comprehensive fight against this phenomenon requires an understanding of its causes, effects and consequences particularly in relation to the economic security of society. Goods trafficking has significant effects on economic, social and cultural security of the country. Its effects and consequences address further the need to adopt appropriate and effective measures to fight against this abnormality. In this paper, it is attempted to investigate the criminal justice system in our country. Also, the causes of this phenomenon and its effects on society and economic security will be analyzed.

Promote security and social order and social peace in neighbors including ideals and otherwise valuable government of different that in the field the Nile so different purpose planning has been done. Including these programs social security plan will be of Ordibehesht 1386 ordered by the commander of the police great Tehran. The aforementioned project contains the principles and rules of various in dealing with criminals a history should be the best possible way of actions. But necessity of observation of humanitarian principles and standards and get a fair hearing some necessities for the authorities and organizations of the host of the project in line with protecting and safeguarding the rights and freedom of the people to society. With regard to the fact that officials and we conjure up of the police in the social security and constantly with continuous interaction and relationship in citizens are, the necessity of rules and fair trial standards human rights by this institution with more sensitivity and meticulously follow. Based on this research in principles and standards of the police in the performance of social security in the light of documents and the convention related to human rights and fair trial are examined and analyzed and we.

The judicial modification of contract as a result of decrease of money value is a legal- economic concept emerged due to the economic fluctuation in recent century. According to the legal, philosophical and the economic basics presented for modification and decreasing money value, unfair possession seems to be a good basis, although the current legal system hardly accepts it. It seems that the legislator has accepted the hardships resulting from decreasing value as a basis.Regarding its nature decrease in money value causes liability and it can be compensated. The important point is possibility of maintaining the contract at its own forms considering value decrease. So in some cases value decrease of money, modification will not be justifiable. Continuation of the contract and keeping the agreed terms can be a suitable equivalent.

In recent years, police have attempted to implement a plan to protect and safeguard the social security and the other hand, the citizens’ rights. Therefore, in this project, the principles and rules of procedure and the basic principles of criminal law should be considered. Considering the fact that the government of Islamic Republic of Iran is one of the United Nation members and accepted all the declaration and international laws, and the fact that regulatory agents interacting continually and directly with citizens, and has an indispensable role in the criminal justice process; therefore, in this research the Scheme of Social Security Legal Promoting will be discussed.

Since there is no clear order on immaterial properties mortgage by civil code, some have totally denied immaterial properties mortgage, by considering religious resources which are the basis for civil code content while some others consider it as being acceptable according to some other kinds of resources. This paper aims at stating some points by taking all of these into consideration: According to the appearance and the history of civil code, immaterial properties mortgage is not acceptable, an idea which apparently supports the idea of the first group. In a set of scattered acts, immaterial properties are put as the subject of a contract which is named pledge. The security contract of such property, according to the utilization antecedents of this meaning, is a novel aspect of secured contracts which is a different contract in Iran with different rules and consequences, on the terms of subjects that are presented in this acts about security. Since the function of law is to solve the problems not to add up the theoretical and practical difficulties, these differences are not desirable. Thus, solving this problem to a large extent can be an answer to the needs, especially current business needs, by modifying the civil code regulations about mortgage contract principles (considering the religious grounds for these modifications) and approving a new provision with considered rules and results, specifying the acceptance of immaterial properties pledge.

Due to the importance of family constitution in comparison with the other contracts، requirement essence of marriage contract is one of issues that has more delicacy and needs more accuracy، too. Through recognition of essence of this specified contract، one mustn’t emphasize on this aspect alone. As it is obviously clear from divine statements about duties and rights of the parties، marriage in holy legislator''s point of view and according to the Quran verses was not aimed as just one aspect. Marital relationship is one of the consequences of marriage not preceding it or its essence. Although under the influence of some thoughts which consider marriage subject to the public rules of the other contracts absolutely، and because of that، measure its requirements with the same standards، we must know that specialty of marriage bars such incorrect thought. In addition، in this article many reasons will prove that from early on the purpose of this contract is to establish a social foundation not making a framework for sexual enjoyment merely. Nowadays due to the changing of ideas about human and its intrinsic greatness، marriage cannot be treated as a simple framework for body relaxation. Indicating these points doesn’t invalidate the importance of marital relationship in its particular meaning. But of course، it doesn’t place it as the main subject and it legitimates the will of the parties for eliminating it in the form of clause.

Article 167 of the Constitution devised towards removing the flaws in the legal system confronts numerous theoretical and practical obstacles in its implementation. On the one hand, the way of access to the authoritative sources and legal opinions introduced in the Article is ambiguous and on the other hand, the possibility of benefitting from some of these sources is under question for some judges. Besides, there is no ruling for many new arising questions of law due to their unprecedented nature in jurisprudential sources. In case we find a ruling for them in these sources in spite of all difficulties, the diversity among religious scholars would hinder the creation of a single and organized system in the judicial system harming the foundations of the society’s confidence in the judiciary. Presenting some of the obstacles before this article, we would try- as far as these Articles are valid- to apply certain interpretive methods towards reducing the domain of their implementation and resolving their problems. The practical approach of the courts i.e. their little interest in referring to this article, particularly in criminal affairs, is also a witness to this fact.