Evaluating the Structural Capacity of the System of Investigating the Disciplinary Violations of the Medicines in Iran, in the Direction of the Observation of Justice and Equity

The structural capacity is a necessity and has the priority; the incomplete bases and lack of appropriateness and transparency in the structure is the determinate obstacle in the course of achieving the goal. The principal problem of the research is lack of objective criteria for the justice and equity in the Law of the Organization of the Medical System of Islamic Republic of Iran and there is not a special investigation method for the equity. The importance of the justice and equity for evaluating the structural capacity of the system of investigating the disciplinary violations of the medicines verifies the importance of the research. The aim of this research is evaluating the structural capacity of the system of investigating the disciplinary violations of the medicines in Iran, from the perspective of justice and equity. So the question of this research is that how is the structural capacity of the system to implementing the justice and equity and if the structure of this system is not complete and correct, what is the way to solving the problem?

The information is collected from the related books and papers and from the related documents. The collected information is analyzed according to the system approach, with the emphasis on the dynamism and a combination of the principal logic of the administrative law, with the emphasis on the professional system and the principal logic of the criminal law is applied.

Ethical Considerations:

 In the research and writing this paper, legal principles has been observed and in each quoting, the resors is mentioned.

The results of this paper are: The necessity of the reform of article 28 of the law of the organization of the medical system of I.R. of Iran; the necessity of the explicit rule for investigating of disciplinery court, and judicial court in the case of the behavior that is crime and disciplinary violation; the necessity of organixational posts for assistant prosecutor and prosecutor; the necessity of cpmpliting the procedural system of the disciplinary prosecution - especially objective definition for "justise" and "equty".

The analysis has leaded to this result that the mentioned structure must be reformed, completed and updated, in order to reaching the justice and equity and a proposition has been submitted for the way of accomplishing this goal.