فهرست مطالب seyed ahmad habibnejad

Sometimes the basic laws of countries need to be revised due to the inflation of the laws, lack of implementation guarantee, lack of efficiency and up-to-dateness, etc. The main question of the research is, what are the solutions for reforming the legislative structure of the parliament in the constitution of Iran based on the general policies of the system and upstream documents? The main hypothesis of the research is that the boundaries of the legislative authority of the parliament are separated from the authority of the legislative institutions stipulated in the constitution and the government, and the position of the supervisory institutions should be modified in order to be efficient based on the general policies of the system (legislation communicated by the leadership) and upstream documents. The results of the research show that with the passage of a long period of time since the drafting of the constitution and the dynamic nature of governance in the Islamic Republic following new developments, there is a need for change and revision (due to the transparency of the position of legislative institutions and the manner and method of holding elections and provincialization) in it. It is felt. Failure to pay attention to clarifying the position of institutions and their decisions in the constitution has caused the inflation of laws, the proposal of many bills and plans, different misunderstandings of a law, and the creation of ambiguity and conflict in laws. Therefore, it is necessary for the legislator to pay more attention to this matter. The research method in this qualitative study is descriptive-analytical and the data was collected in a library manner.

Methods of privatization in different countries are heterogeneous in terms of different political and economic goals and objectives. In France, after the beginning of the nationalization movement of private companies and its full realization in the period 1989 to 2000 AD, which resulted in the spread of dissatisfaction resulting from the illegitimate bureaucracy of national companies, economic recession, etc. Privatization, as a viable solution to the deteriorating national status of companies, gained popularity among French thinkers and politicians. Therefore, in order to achieve this goal, the policy of French men considered the transfer of shares of national companies to the private sector as the most appropriate and efficient method of efficient privatization and planned their practical measures accordingly. Privatization was seriously on the agenda of the French government, but its most notable and obvious manifestations began with the Chirac government in 2002, and the process continues to this day. Many national companies have been privatized over the years, but it is important to note that French thinkers do not agree on the desirability of the measures taken, the positive economic effects, the successes and inefficiencies associated with the measures taken. To be.

The family is the most basic unit and core of anysociety. In the same way, the rules and legal systemof the family are very important compared to otherlegal sub-systems, and according to the requirementsof the family institution, it is necessary to design andapprove the appropriate regulations about the saidinstitution. This research, with a descriptiveanalytical method, has addressed familycenteredness in the legislative system of the IslamicRepublic of Iran. The research results show that thereare extra-legal requirements in the field of familyoriented laws. Extra-legal requirements in familyoriented include compliance with standards,protection of standards. The meaning of compliancewith standards is the necessity of compliance of lawswith natural and natural rights as well as compliancewith the principles governing the Islamic system. Theprotection of standards also includes the protection ofstandards such as justice, which is referred to as thespirit of the law and the true philosophy of lawenforcement, and the protection and protection ofIslamic standards, which is a matter of seriousconcern as required by the rule of Islam in this land.

The establishment of a parliamentary system in the Islamic Republic of Iran has been the challenge of thinkers and the focus of many studies. Previously, the possibility of transforming the political regime into a Parliamentary in the structure of the Iranian legal system and its challenges and threats have been discussed and conflicting. However, considering the importance of consequentialism in the construction of political systems, a specialized-analytical research in this area becomes more priority. With this objective, the present study, with a consequentialist approach, considers the impact of parliamentarization in the Islamic Republic of Iran on the components of development and citizenship rights.

The present research is done by descriptive-analytical method and using library-documentary sources.

Citizenship rights at political, social and economic levels are directly or indirectly affected by the change of political regime through the components of the synergy or divergence of forces, as well as the manifestations of democracy and the participation of citizens in determining their own destiny. In the Islamic Republic of Iran due to the special status of presidential elections and the situation in it, as well as the weaknesses of the party and the parliamentary elections and also the quality of the relations between the ruling powers, changing the regime from a presidential to a parliamentary system, without fulfilling the requirements and preconditions of this change, narrows the scope of citizens' political rights which subsequently in the context of individual freedoms and social rights, as well as economic development, can have negative effects.

Providing the requirements of the parliamentary system, such as party culture, legal changes and structural changes, makes the transition to a parliamentary in the Iranian legal system possible by promoting the components of citizenship rights, however, considering the costs that this process imposes on the government and the citizens, the hypothesis of improving the quality of the current presidential system with the aim of having a positive impact on the political, social and economic rights of the citizens is supported.

The branches of humanities and social sciences, including law, are inevitably based on a particular view of human nature. The Constitution, as the largest source of the most political branch of law - public law - carries a view of the nature of man, which can be deduced from its principles with the help of the introduction and detailed discussions of the Constituent Assembly. The result of such an effort can help researchers to better understand the ruling legal-political system and the basis of the norms prescribed and the institutions provided for in the constitution. This article tries to answer the fundamental question of what human nature in the perspective of the constitution is, and what the characteristics of a political society composed of human beings in this law are, and the answer of the Constitution of the Islamic Republic of Iran to what and who is human? The findings of this study show that the human being of the Constitution of the Islamic Republic of Iran, in the position of God's creature, considers sovereignty and legislation as his own and submits to his command and regulates his relationship with other human beings and nature according to his divine duty. The Constitution man is inherently a growing person, free and endowed with inherent dignity, and equal to his own kind. The view of the Constitution is that the political society of Iran is united in the circle of belief and governs its social destiny and is growing towards its goal. The Constitution is optimistic about human nature, although it has not ruled out the possibility of crime and error.

Since the elimination of poverty and deprivation is one of the most important issues and concerns of the legal system of the Islamic Republic of Iran and the founding documents, choosing a theory appropriate to this system to eradicate poverty is of great importance. Thus, examining and determining the relationship between the theory of welfare state as one of the theories of poverty alleviation with the legal system governing the Islamic Republic of Iran is an issue that requires serious reflection on the goals and programs governing both, to determine whether the welfare state theory can be deduced from the constitution of the Islamic Republic of Iran or not? And whether this theory is basically compatible with the legal system of the Islamic Republic of Iran? Beyond the failure of the welfare state theory in poverty alleviation from the countries that have used it, by examining the laws and ideology of the legal system of the Islamic Republic of Iran, it becomes clear that Legal coordination required between the theory with our current system does not exist and basically, it can be said that one of the reasons for the failure of solutions based on the theory of the welfare state such as subsidies and ... , due to the discrepancy between the theory of the welfare state and legal order and perspective that rules the system of the Islamic Republic of Iran.

The process of privatization in Iran began in 1978, and after the victory of the Islamic Revolution, with the passage of several laws, the phenomenon of privatization was seriously placed on the agenda of government officials. But the important point is that in the laws of Iran, there is no clear definition of privatization, private, public and public sector, and even some different legal materials, lead to the inference of concepts of heterogeneity with each other. Finally, the existing conclusions in this regard will not be possible except by studying the history of the debate at the global level and the leading countries in this field. France can be considered one of the pioneers of the privatization process. However, there is no definition of privatization in the country's laws, However, according to some legal materials and the history of debate in this country towards us, in the above-mentioned concepts, there is no serious theoretical difference in the legal and economic works of French scholars. Finally, the main question of the author is to study the nature and concept of privatization in Iran and France. In order to explain the hypothesis of the current research, it can be stated that privatization in France is limited to the mere transfer of assets of national companies to the private sector. But in Iranian law, privatization involves the transfer of assets, the removal of state control, and the transfer of public and private affairs to the private sector.

Lawmaking is the most important procedure which other judicial or executive procedures are influenced by it so the importance of all its processes are increased. Legislation is one of the components of the legislative process which itself can be made based on different factors. A review of the legislative process in different countries suggests that in a general classification, the law-making structure can be classified based on the concentration ratio or diffusion degree in lawmaking as well as the quality of interaction between the lawmakers or legislators and experts as well as the public, into three categories: centralized, consensus-based and diffused. During centralized law-making process, policy is formed within the framework of the executive branch as well as through some central coordinated mechanism. In the consensus-based process, both the executive and legislative branches have necessary human resources to transform policies into laws. Diffused law-making is characterized by the adoption as well as orientation of policies not only in the executive and legislative branches but also beyond the government system.
According to this categorization, the legal system in the Islamic Republic of Iran is diffused, and despite the structural and normative shortcomings in this area, the elaboration of an appropriate model for law drafting has not been considered by the relevant academic communities or related governance associations. By examining different patterns of law-drafting, the establishment of a consensus-based law-drafting system can be considered as a favorable option for the Iranian law-making.

The undesirable effects that impose on environment by various economic activities is not hidden to anybody and it is caused the demolition of uncompensable environmental sources. Our country environment is not safe too in contrast damages done by harmful economic activities and is susceptible various uncompensable injuries. In regardless harmful effects of economic activities to environment, the goal of this paper is the consideration the economic methods for protection of environment and effects of competition and monopolization of economic activities to emphasis in legal system of Islamic Republic of Iran. This research is analytic descriptive and author investigate by library method and arrangement index and reference to various books, papers and statute laws. The findings indicate that regardless the existence the economic and financial methods in all countries specially Iran in various statute laws, the government has been successful in liability the private section to the regard to environmental standards but it has not been successful in liability the governmental section to regard to environmental laws because more of big factories in Iran is governmental and also the management of department of Environment is governmental too.

In the case of the authority and the possibility of referring to the Muslim judge and the judge, arbitration and litigation against the judge and non-Islamic court are not permissible. In this regard, there are cited adages, including verses, narrations, consensus and jurisprudence, but the important thing is to refer to Judge Adil and Muslims do not exist. In this case, it is permissible for judges to judge international arbitration and whether it is permissible for a non-Muslim judge to judge Muslims in accordance with the judge's order; the jurisprudents have different opinions in this regard for some of the references. It is permissible for international non-Islamic tribunals to be entitled to secondary titles, such as emergency, harm, and harassment. In this paper, by using the descriptive-analytical method, different views of the jurists and the reasons for the litigation were investigated in non-Islamic tribunals, and four possible cases were considered for obtaining by the courts.

In the last two decades, pension funds active in Iran are faced with several financial difficulties that many of them refer funds investment mechanisms. Nowadays, pension funds investment follows of several principles consist of clarity of objectives, balance of profitability and security, independence from government interferences and being Responsible Investment that has emphasized international organizations such as ISSA, OECD, ILO and World Bank on them. As regards following of these principles will cause strengthening of fund financial source and, ultimately, guarantee the rights of the insured, the pension funds follow of these principle in many country legal system. Nonetheless, reviewing and researching of Iran's pension funds problems shows these financial institutions have violated these principles in many cases. This essay that has been written with comparative approach, after explanation of the most problems of pension funds, shows that each of problems has violated or debilitated which principles governing on pension funds investment.

Legislation - making general, generic and imperative rules- is of aspects of governance, and governments use this tool to regulate social relations as well as to achieve their goals, intentions, and ideals. The question that arises is whether art can also be the subject of legislation? And if the answer is positive, how far is this range of generic rules to be made?
In the sphere of artistic legislation, we must accept that the principle is based on the non-interference of the state in the establishment of rules unless the expedient of intervening for this society would be more than the loss of avoiding the sovereignty to interfere in this issue, as the legislature must accept that the areas of "freedom" in art should be wider than the controlled domains and these legislative restrictions on art should not be such as to be the case of this principle "Particularizing of the most is evil."
In the scope of the entry of the sovereignty for legislation in the subject of art, some principles also should be accepted by legislative institutions, including the fact that legislating of art must be more reliant on "support", and the legislative support aspects must be much enough, and the "post-control" principle in art must minimize he prior art controls as far as possible, and according to the principle of "flexibility", the field of art is not worthy of rigid and non-flexible laws. Also, based on the principle of audition, artists' "participation" in the making, interpretation, and implementation of laws is crucial, especially in the stage of the legislative initiative, where non-participation of artists can challenge the relevant law.