فهرست مطالب محمّد حسنوند

The eighth principle of the constitution is one of the progressive principles contained in the constitution of the Islamic Republic of Iran, which states: "In the Islamic Republic of Iran, calling for good, enjoining good and forbidding evil is a universal and mutual responsibility of the people. to each other, the government to the people and the people to the government. Its conditions, limits and quality are determined by the law. Although the duty of calling to good and enjoining good and forbidding evil towards government organizations has not been specified in the aforementioned principle, but considering that the "universality" and "reciprocity" of the duty are mentioned at the beginning of the principle, This duty can be extended to government organizations as well. In the sense that by creating an organization in line with the standards stipulated in the 8th principle of the constitution, it is possible to realize supervision through enjoining good and forbidding evil. Of course, in an opinion contrary to the principle of non-jurisdiction in public law, the scope of the principle can be placed outside the supervision of the institutions governing each other.

The purpose of the current research is to investigate the relationship between female supervisors of the audit team and audit fees. Using the data of 104 companies admitted to the Tehran Stock Exchange for the period between 2012 and 2014, this relationship has been investigated. The current research is applied in terms of the purpose of the research, in terms of the research design, it is based on historical information, so it is an event, and its inference method is inductive and causal. The collected data were analyzed using Eviews12 software. Correlation, regression and combined data methods have been used to analyze the data. The results of this research show that there is a significant relationship between the female supervisors of the audit team and the audit fees.

Rivers, as the vital arteries of the earth, are among the national property and God-given wealth, and factors such as unprincipled handing over of the bed and seizing their privacy and changing their use have seriously threatened the environment's ecosystem. Currently, in the normal laws, exploitation of the river beds is prescribed in the form of temporary cultivation in the form of a lease contract, and the establishment of encroachment and any encroachment on these lands is allowed with the permission of the Ministry of Energy. The transfer of the ownership of riverbed benefits to private individuals without adequate and effective supervision by relevant organizations has become the source of many problems and crimes that cannot be ignored. The main question in this article is what is the position of the river bed in the property rights system and in what legal form is its transfer prescribed so that its criminal effects can be analyzed and studied. By studying the library resources and examining the nature of rivers in the property rights system, this research has reached the conclusion that the exploitation of river beds as national property should be done exceptionally and with the permission of the government, without transferring its benefits under a lease contract.

Today, heart disease is one of the main causes of morbidity and mortality. Since the initial and early diagnosis of this disease is very important and vital and the usual methods used in the medical industry need to spend a lot of time and money to diagnose this disease, accurate prediction of this disease has become a challenge. According to the huge amount of hospital data, which is added to its volume every day, the importance of data mining, which is one of the important techniques for discovering knowledge and hidden patterns, is increasing. Many studies have been done based on data mining to predict heart disease; according to their solution, each one pursues goals such as increasing speed, increasing accuracy, reducing the volume of calculations, and error coefficient. This research aims to increase the reliability and accuracy of heart disease diagnosis using the feature selection technique by meta-heuristic algorithms to extract useful features and to reduce the computational burden, and we use machine-learning algorithms to evaluate the proposed method. The results indicate that the proposed system can diagnose individuals with cardiovascular disease with relatively high levels of accuracy and precision. By improving the efficiency and accuracy of heart disease diagnosis, this research may contribute to better patient outcomes and reduced healthcare costs.

One of the most important priorities in developed countries is the use of machine decision-making instead of a human. One of the areas that need this field is health. For this purpose, determining the obesity and thinness of people can be very useful in studying and examining the health status of a society and adopting health system policies. Images of people as a database of research have been prepared from several different environments where the distance between the camera and the person is the same in all of them. Then, the background of the image is removed using background subtraction. Image features that include image morphological characteristics are extracted from the image and are classified into two categories to perform classification operations. The people were divided into three categories: fat, medium, and thin. The images are noised using the Gaussian low pass filter method with different frequencies filtered using two methods of salt and pepper noise and Gaussian noise. n normal images, the highest accuracy is related to the support vector machine method with an accuracy of 91.7%The results of this paper showed that with the proposed method, in addition to being able to classify the people of a society in terms of obesity and thinness, a higher accuracy was achieved than most of the methods that have been presented so far. According to the solutions and results of this research, by increasing the images of people, in addition to increasing the accuracy, it will reach a more practical level.

The purpose of this research is to investigate the relationship between female leaders of the audit team and audit effort. Using the data of 104 companies admitted to the Tehran Stock Exchange for the period between 1392 and 1400, this relationship has been investigated. The current research is applied in terms of the purpose of the research, in terms of the research plan, it is based on historical information, so it is an event, and its inference method is inductive and causal. The collected data were analyzed using Eviews12 software. Correlation, regression and combined data methods have been used to analyze the data. The results of this research show that there is no significant relationship between female leaders of the audit team and audit effort.

The two independent pillars of the branches and the general board of the Administrative Court of Justice are responsible for independently handling complaints about case and general administrative decisions, despite the theoretical separation between the jurisdiction of these two pillars, but distinguishing between examples of general approvals and case decisions in very difficult cases and It was the source of the dispute. Therefore, the explanation and interpretation of these two concepts can be both epistemic and practical, creating numerous works in the performance of the judges of the court as well as those who refer to it. Therefore, the basic question of this article is what are the characteristics of case decisions and general approvals in the laws and the judicial procedure of the Administrative Court of Justice, so that finally the distinguishing criteria of these two concepts can be identified. In this passage, an attempt has been made to analyze library resources, laws and judicial opinions with a descriptive and analytical method. In the end, the main finding of the research is based on the assumption that the authority of government regulation is the same as the authority of legislation, which is exceptionally entrusted to other powers other than the legislature in order to overcome executive problems and create a framework for law enforcement. Therefore, the general approval should be It has all the inherent characteristics of the law, including generality, prescriptiveness, universality, and looking into the future.

The principle of public proceedings, as the free entry and exit of people to court sessions, is considered as one of the components of the principles of fair proceedings. But the implementation of this fundamental principle in Iran's administrative justice system faces challenges. This research seeks to answer the question whether the principle of public proceedings in the Administrative Court of Justice has the capacity and ability to be implemented or not. In the form of a descriptive-analytical research, several causes and factors such as legal loopholes, the adoption of centralization policy in the structure of the Administrative Court of Justice of the country were considered as exemplary components in the impossibility of applying the said principle in the court. However, the consideration of substantive and formal matters in the Court's branches, the need to pay attention to the principle of correspondence, and the necessity of reforming Zat al-Bin, etc., have made the implementation of this basic principle inevitable in the institution of the Court. Also, cases such as justifiable and easy obedience to judicial decisions or being under the control of public opinion of the judicial behavior of court judges, were considered among the merits of applying the aforementioned principle. Also, suggestions for the realization of this important component were introduced and identified.

This article seeks to understand the concept of public law from Hart's point of view through the common method of "conceptual analysis" and with a "non-essentialist" approach, and based on his valuable work, the book "The Concept of Law". The non-essentialist approach, instead of looking for a set of conditions and features necessary for the existence of law in the whole set, considers the pervasive features of real legal systems. This article focuses on constitutional and administrative law and adapts the definitions of advanced public law standards to Hart's highly influential trilogy of general "secondary" types of "must-haves," which include rules of identification, modification, and judgment. The point is that non-essentialist methodology not only provides a rich descriptive expression of the fundamental features specific to advanced legal systems, but also offers considerable theoretical insights into how law is understood and perceived in many contemporary societies. Also, since the obtained definition is deeply rooted in real social and legal experiences and practices, it presents a more detailed and less abstract theory than Hart's approach, which is based on hypothetical narratives about how law can be developed.

Undoubtedly in the absence of acts, deficiency, synopsis and conflict of law, Judicial Interpretation is compulsory and admitted to the all of Legal system. Competence in Judicial Interpretation should be standardized if distinct procedures not to be seen in adjust the cases to dictum. Recognizing as a wide spreading umbrella and context of creating and splicer ingredients of law order, Principles of law has root in foundations and head in acts. The relation between principles of law and Judicial Interpretation that makes precedent is of importance when in lack of commentating method it is possible for judges to be entrapped by misconstruction and personalization of law which occurs via subjective interpretation. How to normalize the judicial commentary and to present some applicable norms basis on law principles is why this research should have been done. The method of doing is desk research by descriptive-analytical approach and by reviewing precedent of administrative court of justice and supreme court of us, tending to represent existing experience. moreover, the proposed way to normalize judicial commentary in form of a variety of recognized principles of law generally and principles of public law particularly and principles of administrative law specially is given. Certainly the best way to formularization of judicial commentary is to give propositions and obvious rules by which principle-based interpretation might be done and in favor of enjoying the flexibility and efficiency of judicial commentary the function of judges would be predictable.

The high-standing status of established law in Iran’s legal system has been manifested as an obvious and unchangeable affair in ideas of thinkers. However, in administrative law, particularly law of employment politically affected legislative system and non-pursuit of scientific and specialized ideas as well as repeated alterations of administrative rules have triggered unstable, dispersive, contradictory and cumulative rules to appear in this field, leading to inefficiency of rules. Law has been weak to play its inherent role as predictable, regulative and decisive source and has followed diversified procedures of administrative authorities and branches of administrative court of justice. Among the other things, judges of the administrative court of justice as administrative justice for obligating their adjudication and resolution of cases have this ability to deal with this inefficiency while acting as judge of the branch, members of specialized bodies and public bodies. The present paper has aimed to prove the above claim, firstly by describing and naming applications of such laws; secondly by analyzing rules and ideas of administrative court of justice. The results show that inefficiency of legislative system in this field implicitly and as a result of judiciary decisions in the court led to recognition of customary role of judiciary ruling for administrative court of justice and to some extent similar to status of supreme courts in common law system as well as status of judicial precedent as the main source in Iran’s administrative law system such as common law system. However, law of the first source is administrative law in Iran.Keywords: Rule making, Judiciary Precedent, Administrative Adjudication, Administrative Court of Justice, Inefficiency of laws

To study the genetic diversity of soybean inbred lines, grain yield modeling and selection of superior genotypes, 80 lines of soybean obtained from crosses of Karbin × Fora cultivars along with L.17 soybean cultivar as control were studied in research farm of Agriculture Khorram Abad Sarab Chenghaey in 9 ×9lattice design. Significant differences were observed between control and studied soybean lines.  There was a positive and significant correlation between seed yield and most of the traits evaluated, including the number of pods per plant, percentage of germination, plant height, number of seeds per pod, and number of seeds per plant. Stepwise regression analysis showed that plant height, number of pods per plant, number of seeds per pod and 100-seed weight explained 82% of yield. Using factor analysis, 17 traits in four components explained about 62% of the total variation. Therefore, plant height trait, number of pods per plant, number of seeds per pod, 100-seed weight can be considered as criteria for selection of superior lines to improve grain yield in soybean.

The interpretive competence of judges has always been a point of conflict. Its advocates regard it as an essential and efficient institution contributing to dynamism of laws, which can bring the laws closer to political and legal requirements in keeping with social change. Its critics, however, reject it claiming it can undermine the rule of law, increase the danger of abuse and corruption, and infringe upon basic rights. Regardless of these criticisms, interpretation of law is an inseparable part of legal resources, procedure, and adaption of laws to actual claims. Therefore, the concern and focus of legal discussions must be on how to supervise and control this legal institution, rather than reject it. In the first step, it must be ensured that principles of accountability and rule of law are observed, and then a balance must be struck between the interpretation made by judges and the spirit of law, legal principles, and human and citizenship rights. The realization of this aspiration is subject to a two-stage solution. Stage one: familiarity with the special, fluid nature of judicial affairs, and admission of its fundamental difference from execution of laws by law enforcement institutions. Stage two: recognition of interpretive competence as a special legal institution, and envision of control, priori, and posteriori mechanisms based on recently developed methods of supervision in administrative law, such as soft law and network supervision. In and of itself, this requires a clear understanding of the nature, function, and procedure of the modern public law, and its differentiation from the classical public law, private law, and criminal law.

By the Iranian Constitution, justice courts are considered to be the public authorities to deal with people’s complaints. Alongside these public authorities, the Administrative Justice Court (AJC) has been developed with the aim of “getting people’s right from the government” and “establishment of administrative justice”. Referring to the principles of the Constitution, one can to some extent make jurisdictional distinctions between the justice courts and the AJC. However, in the Iranian judicial procedure, which has a more precise look at the issue of jurisdiction, and explains the distinctions in a technical manner, the issued decisions indicate that regarding the jurisdiction of the AJC there is not a united procedure, and this disunity applies both to the AJC and public courts. The first question to be raised is whether all claims concerning the government’s civil responsibility should be made before the AJC, or in all cases in which the losers intend to demand compensation from the governmental institutions they first should refer to the AJC in order to ascertain the transgression; or in some cases they can directly make their claims before the public court. Abstracting the cases in which the conditions of the responsibility of the government are met, this study tries to discuss the above questions on the basis of the examination of judicial decisions. Finally, it comes to the conclusion that the general jurisdiction of public justice courts over all civil and criminal claims requires that the jurisdiction of the Administrative Justice Court should be interpreted according to the existing laws and in accordance with the philosophy of the formation of the AJC. Therefore, not all claims could be made before the AJC, and the individual claims for compensation against administration must be interpreted with respect to the nature of the claims, the position of the specific governmental office or department in relation to that of the individual, and the type of the administrative action.

New governance has emerged as a school of thought focusing on the significance of institutional design and culture for effective and legitimate regulation. This chapter analyzes the field of new governance from a regulatory perspective and examines the ways in which governments can effectively regulate markets from both a theoretical and practical lens. New governance as regulatory governance focuses on the ways that government and the private sector can successfully operate together- a distinct departure from traditional command-and-control regulation. The chapter explains the reasons for this shift away from traditional regulation toward regulatory governance and provides examples of the benefits of new governance’s approach as applied in environmental law, occupational safety, discrimination law, financial regulation, and organizational sentencing guidelines. In these contexts, the self-regulation structure of new governance relies on internal reporting, and the chapter therefore stresses the importance of private reporting to support the regulatory process. The chapter concludes

In this study, 20 early-ripening and 20 mediumripening soybean lines have been compared for quantitative and qualitative traits at CheginiStation of Agriculture and Natural Resources Research Center of LorestanProvince, Iran based on randomized complete block design with four replications. There was a difference in flowering among medium and early-ripening soybean lines and early-ripening soybean lines set to flower later than medium-ripening lines. Also, plant height of early-ripening linesSpry*Nemaha/8 and Spry*Savoy/2 was higher, but the vitality and un-lodging was less thanmedium-ripening lines. Early ripening line Spry*Nemaha/8 had more seed number per capsule than medium ripening lines. Also, medium-ripening line of Stressland*NMSB/3 had more thausandkernal weight than early ripening lines. Weight difference in plot and weight difference per hectare in the medium-ripeningline of Stressland*NMSB/3was more than other early-ripening lines. Medium-ripening line of Hacheston*L.16/3 hadmore protein and oil content than early ripening lines. Therefore, themedium-ripening lines had relative advantages than early ripening lines the they are recommending for region farmers soybean plantations.

John Dewey (1859-1952), one of the greatest political philosophers of the twentieth century. His ideas on the nature of the philosophy, education, society, and politics has been the source of great debate. Democracy, for John Dewey, is emphatically not just a form of government; it is an ethical way of life. And yet, historically, it is in a state of fragility, due to the ascendancy of liberal individualism and market holism, which are practically unable to meet the social needs of the day and threaten to eclipse the public that is essential for democracy to survive. Exposing the politics of liberal individualism, and the huge inequalities it generates, Dewey suggests replacing its social forms with those of the scientific community of inquiry and its ethos of experimentation and co-operation. Dewey thus separates the pathologies of modernity (the social forms associated with individualism and capitalism) from its qualities (the scientific progress achieved through intelligent interaction and mutual learning), by recommending in the public sphere the same innovation responsible for such huge technological advances. But in doing so, Dewey, and, less excusably, his contemporary admirers, neglect the politics of democratic experimentalism, failing to explain its manner of concrete resistance (or, in hindsight, its capitulation) to the pathologies of modern capitalism, and to consider, in a more general sense, the significance of political power and political action. This neglect, it is suggested here, undermines the contemporary revival of Deweyan pragmatism as a public philosophy committed to democracy as an ethical way of life.