فهرست مطالب yasaman saeidi

Since the most important factor in the development of any country is the administrative system of that country and the experts in this field have their own perceptions about how it works, good governance is one of the concepts that has recently been raised in the world arena and has governments on it. So that by relying on this concept and presenting its characteristics in their country, they can find a strong position for themselves among the citizens. Certainly, Iran is one of the countries that is trying to establish good governance and a favorable administrative system, but it has always faced challenges in this field. Governance is one of the very important and at the same time new topics that has been discussed in development literature since the 1980s. has been raised This issue has been given a special place especially in the developing countries in order to establish and institutionalize the civil society in the policies related to the granting of aid. It should be noted that today, governance is considered a successful model for the public affairs of governments. and plays a role in societies. This model has indicators such as accountability, rule of law, transparency and participation, etc. In recent years, governance has become an important issue in public and public sector management, and this issue is due to the important role that governance plays in determining community health. The governance model with the features of accountability, transparency and the right to comment will lead to the formation of an efficient and transparent government. The transparent, efficient and correct government is based on meritocracy and simple and clear rules and regulations.

The Ombudsman is a non-judicial grievance authority and a modern monitoring mechanism on the proper functioning of administrative and government organizations, which aims to develop democracy with the help of the powers and legal frameworks that are provided for this authority in each country to deal quickly and informally with The reports and complaints of individuals are related to any actions or omissions outside the regulations or inappropriate behaviors that occurred as a result of mismanagement in administrative and government organizations. In Iran, there is no institution called Ombudsman, but we can refer to its similar institution, the "National Inspection Organization", which has become a permanent member of the International Ombudsman Institute. The purpose of the current research, which is written in a descriptive-comparative way, is to scientifically examine the position of the Ombudsman in Iran in order to reduce the problems of judicial proceedings, which lead to the delay of proceedings and the obstacles that dominate the country's administrative system. The findings indicate that; The General Inspection Organization of the country, under the supervision of the judiciary, supervises and inspects in order to better implement the law and correct the existing process in the wrongful organizations, and it only has the task of following up and informing the decision-making bodies provided for in the law, but the supervision in The ombudsman institution is independent and discretionary social values of the country, because one of the basic pillars of a system is the expansion of justice and people. Leadership is whistle-blowing in discovering corruption and administrative violations, improving the level of performance and appropriate behavior of agents, discovering and rooting problems and providing corrective solutions that will be possible with continuous and powerful monitoring and inspection.

Relying on the new ideology of restorative justice, mediation tries to resolve the active participatory contexts for the rehabilitation of the offender and the healing of the victim in the meetings organized by a skilled third party, outside the judicial environment. In addition to its long history of mediation, salient features such as confidentiality. And the reduction of violations in the long run and the development of a judicial system is also desirable. The present study descriptively and analytically seeks to answer the question of whether the legal restriction of mediation with an approach to restorative justice and Islamic criminal policy has been able to meet the needs of society? The findings of the study show that the legislator in Article 82 of the Code of Criminal Procedure places the recourse to mediation only in ta'zir crimes with grades 6, 7 and 8 and does not include limited crimes, retribution and . While we understand from the jurisprudential principles, there is no restriction for referring the crimes of the right of the people, even in the crimes of the right of God where the ruler has the power of pardon or the crime is proven by the confession of the criminal, referral to mediation is permissible. Therefore, the legislator should make serious revisions in the scope of the referral of claims to mediation in order to see the country flourishing more and more in achieving the goals of the Vision 1404 document.

The rule of beneficence, as one of the elements for extinction of liability, is practiced both in Imamiyah jurisprudence and civil law. By virtue of this rule, when a person imposes harm to life or property of another person with an intention of doing good, in case of taking required precautions and observing legal regulations by the doer, he shall not be a guarantor and must be exempted from liability. This work, developed through a descriptive-analytical method, intends to identify fundamentals and links of this rule with other jurisprudential and legal principles. Findings of the paper indicate that benefaction both encompasses the concept of prevention of harm or loss and gaining legal profits. Therefore, in terms of charitable work, it may be practiced vis-à-vis general public, certain persons, and even the doer himself. As in terms of the effect of the rule of beneficence on removing obligations resulting from civil liability, it can be clearly expressed that the benefactor is not obliged to indemnify damages. Besides, given the existence of the rule of beneficence, he must be exonerated from criminal liability.

Restorative justice is the result of changes in the attitude towards criminal justice, this process is a resolution process with tools such as mediation of the dispute in a friendly environment with the participation of the victim and the accused with the management of a third party or discussion about the causes, effects and results of the attributed crime. and facilitates the season. This method not only reduces the density of work and the delay of proceedings that dominates the judicial system, but also leads to the prevention and reduction of violations in the long term and the development of a favorable judicial system. The current research is trying to find an answer to this question in a descriptive and analytical way, what crimes does the jurisprudential and legal limitation of mediation include? The findings of the research show that there are no restrictions in the Sharia for referring human rights crimes to mediation, and in the cases of God's rights crimes, where the ruler has the power to pardon or the crime is proven by the confession of the guilty, and in case of repentance, before the crime is committed. According to the imam, it is permissible to refer to mediation before the establishment of evidence. While the legislator in Article 82 of the Criminal Procedure Law has limited the use of mediation only in taziri crimes with degrees 6, 7 and 8, in the sense that it includes limited.

Ombudsman and related departments, such as the "General Inspection Organization" in Iran, is a non-judicial authority and a modern monitoring mechanism on the performance of administrative and governmental organizations in order to better implement the law and improve the existing process in sabotage organizations. With the aim of protecting civil rights and developing democracy, with the help of the legal powers and frameworks provided for this institution in each country, the institution should deal with disputes, reports and complaints of individuals against any current act or omission without any cost. Inappropriate regulations or behaviors that result from mismanagement in administrative and governmental organizations, and follow up the process until it is concluded and announce it to the public. The purpose of the present study is to investigate descriptively-analytically in In order to reduce the problems of judicial proceedings, which has led to delays in the proceedings and the obstacles that have governed the administrative system of the country, as well as its dissemination in order to flourish and have clear horizons in front of Corruption and protection of people's rights.

Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment with cooperation, in the presence of an impartial third party, this person or third parties or the companions themselves voluntarily. Or it is mandatory for the court to decide for them, but the important point is that the verdict issued by a third party is binding on the parties. This is the reason why arbitration is so close to judicial and judicial methods. As a rule, not every civil dispute can be referred to arbitration, as well as disputes that are both related to public order and good morals, as well as claims that the legislator has explicitly mentioned, such as bankruptcy, litigation on the principle of marriage, the principle of divorce and Genealogy cannot be referred to arbitration, which we will address in full in this study. The main purpose of writing this study is to analyze the realm of arbitration in order to identify and expedite the resolution of disputes, as well as its legal consolidation in reducing the costs and litigants' referrals to courts and delays. Of course, the study on the field of arbitration showed that due to the many advantages of non-judicial methods, but it also has many shortcomings and limitations that with the adoption of new laws in accordance with legal rules and standards and amending existing laws may be a clear horizon to develop this The institution promises.

Helicobacter pylori (H. pylori or Hp) has been strongly associated with the peptic ulcer diseases, chronic gastritis, ulcers, and gastric cancer. Genes associated with pathogenicity have been designated for H. pylori, and some of them appear to be related to more severe clinical consequences of the infection. The present study was conducted to determine cagA, vacA, cagE, iceA1, oipA, and iceA2 genes in H. pylori strains isolated from gastroduodenal patients, who referred to Shariati hospital in Tehran, Iran.

Gastric biopsy specimens were collected during endoscopy from patients, who referred to the Shariati hospital in Tehran, Iran during January and November 2015. After isolation of H. pylori from the biopsy culture, genomic DNA was extracted and subsequently used to identify H. pylori and virulence genes using specific primers.

The isolation rate of H. pylori strains was 65.7% (169/257). The frequency of cagA, vacA, cagE, iceA1, oipA, and iceA2 was 143 (% 84.6), 169 (100%), 131 (77.5%), 97 (57.3%), 89 (52.6%), and 72 (42.6%), respectively.

In this study, a significant difference was observed between investigated genes and strains isolated from PUD and GC patients (p