پژوهشنامه حقوق تطبیقی
سال چهارم شماره 2 (پیاپی 6، پاییز و زمستان 1399)

A summary or non-indictable process in the UK legal system has been adopted to speed up the criminal procedure of petty offences in magistrate courts. In this type of proceeding, which involves close to 95% of the proceedings procedures, such as the jury, are removed and the process is handled by lay mans without salary. All of these crimes are handled by the magistrate court. In United Kingdom, non-indictable process include summary offenses and either way offences in the context of proceedings by magistrate court. These crimes are petty crimes and sever crimes are handled by the jury in crown courtThere are some examples of no-indictable in Iran's law. These include seventh and eightth degree offenses, chastity offenses, juvenile offenses, prosecution by the court, offenses committed by the president, some crimes committed by clerics, paying diyah in specific cases, handling certain crimes within the jurisdiction of the district court, Dispute Resolution Council and Government Organization.A summary or non-indictable process in the UK legal system has been adopted to speed up the criminal procedure of petty offences in magistrate courts. In this type of proceeding, which involves close to 95% of the proceedings procedures, such as the jury, are removed and the process is handled by lay mans without salary. All of these crimes are handled by the magistrate court. In United Kingdom, non-indictable process include summary offenses and either way offences in the context of proceedings by magistrate court. These crimes are petty crimes and sever crimes are handled by the jury in crown courtThere are some examples of no

Corruption is a complex abnormality that weaken the democratic institutions and can marginize Good Governance. Combating corruption is one of the most important factors for establishment Good Governance. Actors such as government, private sector and civil society have function in combating corruption but between the mention actors the role of civil societies is very effective and efficient in compare with mentioned actors. This study uses analytical – descriptive approach to analyze the role of special civil society in combating corruption in two countries, I.R. of Iran and Philippines.The findings of this study indicate that in the Philippines, specialized civil societies and nongovernmental organizations such as the "Citizens Concerned for Good Governance Establishment", "Entities for Government Procurement and Procurement", "Accountability and Transparency Network" and The Association of Thousands of Christians in Government are civil and non-governmental organizations active in the fight against corruption in this Southeast Asian country. At present, the fight against corruption in the Islamic Republic of Iran and its decision-making on prevention and combating it is carried out solely through the institutions of government and in parallel, though it has delegated its responsibilities to civil society organizations. But in terms of behavior compared to the Philippines and other countries, such as Singapore, which is much higher than the two countries mentioned above, there is a great gap between the specialized anti-corruption bodies and not only the such institutions have not established.

Respect for the freedom of individuals means freedom of movement for all fundamental human rights, and kidnapping is considered one of its violations and crimes against the spiritual identity of individuals. Kidnapping also falls under the category of hindrance because it may facilitate some crimes. The kidnapping in Iranian and USA law indicates the efforts of the two countries' legislators to protect personal freedom. However, USA criminal policy is more effective in both criminalization and punishment than Iran. The fragmented, inadequate, unnecessary and vague criminalization of criminality and the consequent mismanagement and consequent mismanagement of it have posed serious challenges to Iran's effective criminal protection. In contrast, criminalization of violations of personal liberty as a unit or basic crime and related offenses and the application of a system of punitive penalties for the purpose of accurately establishing the proportionality between crime and punishment in the USA have greatly contributed to its effectiveness .

Money laundering as a complex and long-term process is related to the processing of proceeds of criminal activities to conceal or change the appearance of the illegal source of money, and involves the three stages of stratification, Chinese stratification and integration. And Canada has envisioned measures to prevent and combat money laundering.The present study, in a descriptive and analytical method, compared the crime of money laundering in the legal system of Iran and Canada, and the responses of the legal system of Iran and Canada to it, comparing the situation of money laundering in the two countries, which showed that despite the two countries Money laundering is one of the most important economic crimes in the two countries due to the weakness of government oversight.And in Iran, it can be considered as a disruption of the economic system and corruption on earth. Among the differences between money laundering in the two countries are the following: More recent commitments in the fight against money laundering in Canadian law that have not been met in Iranian law - the primary goals of developing anti-money laundering legal systems in Canada's two legal systems And the Islamic Republic of Iran is different - International intelligence cooperation in the fight against money laundering is seen as a key distinguishing feature between the Iranian and Canadian legal systems in the fight against money laundering.

Protecting the interests related to property requires that people appropriately take benefit from their own property and not interfere with the property of the others. However, in case, people interfere with the property of the others for the sake of the latter rights and interests, they are liable under the subject of the private liability. Because of ambiguity in the legal doctrine and rules with respect to the civil liability deriving from the private liability, the aim of this current paper is to investigate the concept and elements of the civil liability originating from the private liability. This paper, using a descriptive –analytical method as well as library sources and judicial decisions, has investigated the toic. In the end, we conclude, that the concept of liability of the private nuisance within the Iranian law is not appropriately specified. However, using the existing records in the foreign law and proper judicial decisions in this regard, we can specify and declare this concept and its elements.

Countering war and violence against human beings after the world wars was one of the first actions of the United Nations and United Nations.The Universal Declaration of Human Rights international Covenants and several of conventions for the protection of human rights have contributed to the establishment of peace and the protection of H.R among them is crime prevention and correction of criminals which has led to the enactment of laws.Pursuant to international Covenant, the imposition of penalties such as the prohibition of torture and corporal punishment must be established in countries.The Islamic Republic of Iran,as a member of the United Nations,international organizations and by accepting it,has expressed its commitment to international law,but Iran's commitment to international documents on the one hand and the establishment of Islamic and jurisprudential laws.On the other hand it has provided the ground for the conflict between them.International documents have been issued on the reduction and elimination of corporal punishment,while some Islamic rulings,including the rulings on God’s bound, indicate the necessity and implementation of corporal punishment. This research, with an analytical approach, aims to provide a platform for this conflict based on which, it is possible to justify the rules of God’s bound and punishments in order to coordinate with international documents and regulations. It can be done with impunity the imposition of punishment during absenteeism,the non-monopoly of punishments in corporal punishment,the impact of time and place on Islamic law and the expediency of non-compliance with these laws should prevent the enactment of such laws SS.

Along with the expansion in human societies and technological advancement, new forms of disease, with high transmissibility rates, find chances to spread in societies. The attempts at controlling such diseases and protecting public health requires improving pharmaceutical industries and inventing new medicine. Nowadays, pharmaceutical inventions shape an inevitable portion of industrial productions. Accordingly, many companies tend to invest in such inventions, although the progress in pharmaceutical inventions has its obvious benefits for human communities, unconditional support and production of such inventions may put people’s health that is a fundamental human right in danger. In parallel, one of the major challenges facing legal systems is their dilemma over protecting the intellectual property rights arising from pharmaceutical inventions, or supporting the right to health in human societies. In order to resolve this conflict, it seems necessary to take a new approach to intellectual property rights that do not violate the right to health. Such a novel approach can simultaneously the rights of inventors and the right to health in societies. To do so, many governments have led attempts to adopt comprehensive legislative systems in order to protect not only pharmaceutical inventions, but also fundamental human rights. The internationally-accepted TRIPS Agreement, and diverse nationally-set agreements are the result of such attempts at resolving this conflict. However, these international and local agreements have not effectively contributed to the resolution of the given conflict yet. A more substantive approach is hence required to simultaneously protect the rights of inventors and the right to health. It is recommended that legal systems impose restrictions like exceptions on pharmaceutical products to maintain the public order of the society.

The principle is to prevent conflicting judgment in procedural law. Although referred to in numerous articles, the courts still adjudicate such conflicting judgments for a variety of reasons (including single and correlated litigation). The legislator's view of two completely opposing judgments is basically to abandon the second judgment in favor of the first opinion, although in the case of appeal, there is a case where both judgments can be declared infringing due to opposition to the law. However, the conflict between the judgments is the reason for the lack of a proper legal relationship that jeopardizes the dignity of the judiciary. In other words, although the Code of Civil Procedure mentions conflict prevention strategies and treatment strategies, but, an example of the cause of the conflict has never been cited, and it is up to the litigants, including parties to dispute, lawyers, and judges, to find the cause of these disputes. Knowing the common causes can meet both educational goals and respond to judicial purposes.

The article seeks to enumerate the cases of impunity of offenders in Iranian law and international documents, and to examine ways to deal with it; Assuming that this phenomenon cannot be considered acceptable, we decided to state the cases of impunity in Iranian law (amnesty, passage of time, death of the convict, abrogation of the law, pardon of the plaintiff, repentance of the offender and application of the rule of law). Examines the legal principles preventing the punishment of criminals, including the principle of internal criminal law, the principle of non-interference, the principle of immunity in dealing with impunity from the Nuremberg Charter to the Rome Statute. Analyze the International and the International Criminal Court. Also, looking at the history of international law, it can be clearly seen that major international criminals have rarely been held accountable for their actions. So that the only way to punish such criminals can be sought in their defeat in international conflicts. Punishment that is rooted in the revenge of the victorious states and nations, the losers of the war, not in the administration of criminal justice. Finally, it can be said that the existence of impunity in domestic law can be opposed to the principle of punishment and consequently the lack of justice. Second, there is a conflict between the provisions of the Rome Statute, and hopefully the administration of criminal justice through the Court has become possible only in relation to underdeveloped countries. Obstacles to the international community in prosecuting and punishing the perpetrators of these crimes, sometimes rooted in principles Traditional international law, such as the internal nature of criminal law, sovereignty, non-interference and immunity of leaders, which we will analyze below. In the meantime, there is no proper mobility on the part of the Security Council.

This paper examines the selection method of Academic staff of universities in Afghanistan and Iran. Since universities are human resource education centers armed with new knowledge and technology; therefore, it is necessary to pay attention to the recruitment of expert scientific force and in this regard, they are important and necessary to pathology of the current process and the provision of appropriate solutions to improve the process the employment of academic staff. The present study was conducted using descriptive-analytical method and examined the comparative study of employment of academic staff of universities in Afghanistan and Iran and this is the conclusion; first; there are tangible gaps and drawbacks in the selection of academic staff in Afghanistan and Iran. Second: the universities do not have the financial and organizational independence in practice, according to the rules and regulations of the two countries, and so serious damage has been made to the major goals of the universities in these countries.

influential institution. This branch in the ICC has many uses and advantages, but it should be noted that some of these functions and advantages are specific to the conditions and legal system governing the (ICC). One of the main concerns of all legal systems in the world is fair and fair treatment of a case. It must be accepted that the task of establishing domestic and international courts is nothing but this; otherwise, the establishment of an institution in the name of the court (the place where the right is raised) seems unnecessary. In addition, the establishment of an institution such as the basic branch of Iranian law and the benefits of it is far from the mind. In this paper, after depicting the important functions of the preliminary branch in the ICC, in this paper, the authors conclude that the establishment of the basic branch in Iranian law, in line with the feasibility and feasibility of setting up the basic branch in Iranian law, What exists in ICC can accurately pursue and investigate the prosecution stage, and moreover, it is closer to the principle of impartiality and fairness, but it should be noted that the establishment of this institution in Iranian law can not be a model for change and for Utilizing the effects of its establishment, we need to review and modify the structure by maintaining the nature.

Acquiring scientific degrees as well as accessing higher social positions can sometimes lead to a kind of unethical and abnormal behavior that is commonly referred to as "scientific theft"; in most societies denounced But this confrontation has been accompanied by weaknesses. In the present study, using a descriptive-analytic method, we will examine how the impact of societal culture on and against the theft of scientific theft? And what are some of the ways in which the laws of the country of Iran and the EU member states deal with the ominous phenomenon of "scientific theft"? The results show that the culture of each society has a significant impact on the level of scientific theft of its members, and in the EU member states, in addition to the laws, there is a strong emphasis on the implementation of educational policies to instill a proper and efficient research culture in society. However, several laws have been enacted in Iranian law, including the Comprehensive Law on the Protection of Authors, Authors and Artists, Adopted in 1348, as well as the relatively specialized Law on Preventing and Combating Fraud in the Making of Academic Works, Adopted in 1986. They need to be run more efficiently. Another major problem in this regard is the violation of cultural principles, the disregard of the intellectual property rights of the copyright holders on the one hand, and the attainment of scientific degrees without direct and genuine research by some individuals resulting from the granting.