جستجوی مقالات مرتبط با کلیدواژه "inquisitorial system" در نشریات گروه "فقه و حقوق"

In all modern legal systems of the world, the judiciary is an independent body that upholds individual and social rights and is responsible for the administration of justice. Of course, the implementation of justice and equality in any nation, which requires the cooperation and support of all the forces of that country, and placing its burden only on the judiciary, will not achieve the ideals of justice. Therefore, various institutions and powers, within the limits of their powers and duties, will be obliged to cooperate with the judiciary. The police force is the arm of justice administered by the judiciary in the civilized nations of the world. In some cases, it is necessary for an institution to oversee the law enforcement in order to properly perform its duties; Considering that the law enforcement force has coercive power in the society due to its duties and powers, and the lack of supervision over the performance of the duties of this institution can lead to siege and coercion instead of comfort, peace and justice in the society. To dominate the people, in any civilized system, there is no duty of the police without an institution to supervise it.In this article, we will discuss the fact that the judiciary has a supervisory role in relation to the police and in some cases, and by implementing the three legal systems of Iran, the United Kingdom and France, we will conclude that monitoring the conduct of the police In our legal system, there are many shortcomings, including the guarantee of poor implementation in the law, and our laws need to be amended and revised more carefully in this regard

Relations between the prosecution service and the police follow different models in accordance with the ruling system- Accusatorial or Inquisitorial-. This paper uses the strategy of logical analysis and library method to introduce hierarchical communication model that is in accordance with inquisitorial system. This relationship is contrary to the model in accusatorial system, which is regulated by a kind of network interaction. The components of the hierarchy model include:1- broad powers of the prosecutor and governance over the police, 2- limited police powers and 3- obedience of the prosecutor and vertical relations between the prosecutor and the police. This model has the benefits such as coherent organization, certainty and equality in law enforcement, and suffers from damage such as inefficiency in monitoring, ignoring human dimensions, costly, and inflexible relationships. It seems that it is not necessary to endure these damage in the police and prosecution service relationships, because, based on the many other successful experiences of other countries in the world, hierarchical model governing prosecution service and police can be improved by making non-fundamental change. Since the model of Prosecutor's office and police relations in Iran is hierarchical, this paper can improve these relations.