جستجوی مقالات مرتبط با کلیدواژه « سیاست های کلی » در نشریات گروه « فقه و حقوق »

Law and legislation, if not the most important issue facing modern man and government, are one of the most fundamental. In its original form, although it originates and is born through the legislature and through the deliberation and consultation of a large number of people's representatives in parliament, it is not limited to that and affects various types of human activities and the development of societies. It is clear that the domestic legal system also cannot do without deep thinking about the characteristics of law, in order to facilitate the effective and efficient functioning of human relations on the one hand, and to benefit from it in a native way and in accordance with the requirements of Iranian-Islamic society on the other hand. Correct analysis of the characteristics of law in the context of the domestic legislative system and efforts to represent and repair its shortcomings, of course, requires an examination of the "General Policies of the Lawmaking System". The results of this article, using a normative method, examining official legal documents and collecting information through library resources, show that with the exception of the three components of "Sharia principles", "General policies of the system" and "Demands of the leadership" which have a special place based on the requirements of legislation based on jurisprudence, other components overlap with the characteristics of law in the modern state. Also, among the two appreciable assumptions about the legal nature of "policies" in the hierarchy of domestic norms and with emphasis on "legal logic", the requirements of the "command-oriented system" and finally the "rule of law", it is possible and necessary to consider a place below the constitution and ordinary law and of course above government regulations for it.

economic growth, and moving towards the optimal use of national production and supporting domestic labor and capital for economic independence requires a strong national resolve and the necessary legal and regulatory arrangements to pave the way. And that is the roadblock. In our country, we have been pursuing the same basic objective of the constitution in the economic sector, namely the achievement of independence and self-sufficiency, various policies and regulations. Self-sufficiency and securing economic independence is the most important objective of a resistive economy that, in addition to its constitutional emphasis, has its roots in the teachings of Islamic law. Finally, it was concluded that the general policies of the resisting economy are aimed at achieving economic independence and that many laws are directly and indirectly related to this issue. 

The present research studies the legal optimal (favorable) tax laws in light of the resistive economy. However, a clear definition of the optimal tax (favorable) has not been provided But at the same time, it can be an important principles such as transparency, using the pivotal justice, respond well to recognition, assessment and analysis, Principles that are the most important and fundamental basis for the formation of an optimal tax system. On the other hand, today the discourse of resistive economy requires special requirements that most of them have to achieve optimal tax system and formation. Resistive Economics, which today is considered as the most important macroeconomic orientation of the country itself, requires principles, indicators and important criteria which all of them have a particular connection with the tax issue and on the other hand, the realization of the optimal tax system, as well as the formation and implementation and realization of resistive economy policies, require clear and distinct requirements, the most important of which are Optimal government formation, Establish Local Taxes, The formation of a real private sector, Prevent tax evasion and … . The present study seeks to analyze, investigate, and evaluate the relationship between optimal (favorable) tax system and economic resistive in the framework of legal system of the Islamic Republic of Iran through descriptive-analytical method.

The philosophy of sustainable development is to strike a balance between dual economic growth and the conservation of silent nature.. And the most important warranty is describing policy in the context of legal concepts. In the system of fundamental rights in Iran the concept of general policies has semantic similarities and applications with policy. Although technically it doesn’t have a complete conformity with its scientific concepts. On the one hand the right to healthy environment is crystallized in the fiftieth principle in Constitutional law so that it is considered to be the most significant right of citizenship. Because widespread ecological damage as one of the most important social problems is today a matter of concern in policy making, underlying issue of right to a healthy environment is in fact deemed to be entering this issue to massive agenda of political system. Accordingly laying the groundwork for social policy making for entering the environment issue to the field of fundamental rights and the political system agenda as previous action in addition to providing social fields for implementing environmental policies as a posteriori action is an issue that must be taken into consideration. Accordingly due to the present capacities of the legal system we can ascertain environmental goals in order to solve social problems through underlying issues by the help of social policy making current in two stages, before and after the production of policies.

The institution of the general policies of the Islamic system is considered a young and new institution in the constitutional law. The necessity of the existence of this institution was felt following the execution of the constitutional law of 1358. In 1368 amendmentmany members of the revision council emphasized incorporation of this issue in IRI constitution and thus this institution was incorporated into the constitution. General policies of the system are determined based on the principles and goals of the IslamicRepublic of Iran delimiting the frameworks and directions of the state in all governmental fields. Numerous ambiguities have been there in theory and practice due to the absence of a theoretical basis concerning these policies. An important and key issue whichrequires consideration and removing its ambiguity would involve various effects and results is the nature of these policies in IRI constitution. In fact determination of the nature of these policies gives rise to removing ambiguities from the issues such as the position of these policies in IRI constitution and the quality of supervising over their proper enforcement. As a result, positive effects arising from it would be manifested or materialized in or through governmental powers and institutions. It is quite likely thatthis institution would turn into a model worthy of consideration in the constitutional law for the movement of a reasonable political system towards its objectives