نشریه تعالی حقوق
سال سیزدهم شماره 3 (پاییز 1401)

One of the main factors of social and economic crises is moral and financial scandal. These scandals are not limited to the realm of society and economy, but enter the realm of governance and the state. One of the effective strategies to reduce such scandals is enactment of anti-corruption codes of conduct which are enacted by the members of each profession according to the characteristic of that profession with an approach based on Professional Self-Regulation. The question is, which sets of codes of conduct governs judgment as a profession that is always exposed to corrupt situation and how are their status? In this regard, the U.S due to the importance of the position judges in it, has taken significant steps to explain professional behavioral duties of judges that due to the poor history of documents governing the conduct of Iranian judges, can be considered by the relevant authorities. Because of behavior of judges plays an important role in the position of the Judiciary, public trust in judicial branch, position of justice and so on. Through a descriptive-analytical study, we find that items such as Impartiality, Confidentiality, avoidance of political activities, restriction on the receipt of gifts, favors and loan, etc. are important duties that exist in the American codes of judicial conduct.

The study of partial criminal responsibility in Islamic jurisprudence shows that sexual maturity and mental maturity overlap and have not been predicted. In this way, the indistinguishable Immature is considered irresponsible and the discerning minor may face discipline (rather than punishment in exceptional cases) and in a sense the adult is considered full criminal liability.A review of the statutes in Iranian law shows the legislator's attention before the victory of the Islamic Revolution in counting the issue of partial criminal responsibility for juvenile delinquency. But after the victory of the Islamic Revolution, following the religion, according to the criterion of "sexual maturity", partial criminal responsibility disappeared and again after the approval of the Islamic Penal Code passed in 1392, in line with social realities, psychology, medicine, the criterion underwent changes and developments and "sexual maturity" was taken as a legal sign of "intellectual maturity" which made it possible to prove the opposite. The present research has been written based on the analytical-descriptive (library) method regarding the study of these changes and especially the analysis of Article 91 of the mentioned law in this regard.

Company activities are aimed at sharing the property in order to make a profit. Losses in such activities are inevitably due to the existence of a risk in commercial affairs. About the division of profit and loss, the general rule is that each partner contributes to the proportion of its share in the profit and loss of the company. But it is always a different division, the partners ' opinion is placed in the business companies, and some partners may even enter the company with the condition that they have a greater proportion of profit or do not hurt them or the profit and loss will be imposed on one of the partners. It is also possible to review more profits against more work or less losses in exchange for more activity. This article will discuss the accuracy and invalidation of these terms in Iran and French law.

Previously, only the behavior and the amount of harm was considered and an element called fault and its extent was not considered. Gradually, this way of thinking changed and an element called mental element was added to the elements that constitute crimes. Although the change of approach and attention to the psychological element caused the division of crimes into intentional and unintentional and the separation of responsible persons from others, but it has always been accompanied by a logical objection and that is that there is no difference between intentional and unintentional. The mental element is an act committed either intentionally or unintentionally, while the intensity and extent of intentionality or unintentionality by different people are not the same and to the same degree. The purpose of writing this article is to express different grading for intentional and unintentional, which has been implemented by modeling fuzzy logic in premeditated, quasi-intentional homicides and pure error.

This research has been done in terms of applied purpose and descriptive-analytical method.

According to Article 289 of the Islamic Penal Code of 1392, crimes are divided into intentional, quasi-intentional and pure error based on the mental element and the only criterion for punishment is whether it is intentional or unintentional and how much is intentional or how much It is a quasi-intentional or an error that is ignored, indicating that Aristotelian logic is 0 or 1. In contrast to Aristotelian logic, there is fuzzy logic, according to which the degree of blame is considered on a basis of 0 to 1, which was used as research findings in various crimes.

According to Article 177 of the Penal Code. One of the conditions of a religious witness is to have justice. Article 181 of this law defines justice as non-sinfulness, and in its interpretation, committing a great sin and insisting on minors is considered as justice, but considering the fact that the category of martyrdom is news and the definition of news as probability of truth and falsehood, as well as the philosophy of witness testimony, this question is Is not the interpretation of witness justice merely justified by being merely truthful, and the distinction between verbal justice and the absolute meaning of justice? This research, which is done by descriptive-analytical method, shows that the condition of witness justice in the absolute sense, since in addition to the lack of a single criterion for committing a major sin, it is practically impossible to prove justice in this way without spending time. And leads to the closure of the chapter of martyrdom; Consequently, since the purpose of legislating testimony is to discover the truth with the news of the witness; Therefore, it seems that what should be considered by the judge is that the queen of justice in speech means the continuity of the witness's honesty in words. Therefore, committing sins unrelated to truth and falsehood does not interfere with the justice of the witness and the validity of his testimony.

Translation typesText translationSource text1,058 / 5,000Translation resultsTrans-constitutional principles are strategic and unchangeable principles that are maintained by the drafters of the constitution at a certain time, so that future generations do not have the authority to revise them. The founders of the constitution establish such eternal and strategic concepts in the text of the constitution in order to consolidate and maintain the fullness of their political-legal system.In this research, by descriptive-analytical method and relying on the knowledge of constitutional law in addition to spectroscopy and in other words typology of the attitude of the members of the Constitutional Review Council, different views and readings of constitutional experts on trans-constitutional concepts in 1979 were analyzed. has taken. Although the drafters of the constitution accepted some principles, such as the recognition of religion, as well as generalities, directly and indirectly as principles beyond the constitution, but with deliberation in their speeches, including the deputy speaker, the final review of the constitution The right of the nation to determine its own destiny is also their responsibility to revise the principles of the constitution, but the members of the Constitutional Review Council in 1989 included seven meta-constitutional concepts in Article 177 of the constitution.

The main issue of the present study is the discussion of the possibility and necessity of establishing the rule of ta'zir iddar al-shabba, a rule that is similar to the rule of hudud tadr al-shabhat. The purpose of the present study is to outline the need to design an independent rule in repelling ta'zir when suspicion occurs. One of the achievements of this research in the field of feasibility study is proving the possibility of designing the rule of ta'zir based on the reason of synergy between the rules, in the shadow of which the rule of ta'zir will not be abolished. It is necessary to emphasize the founding role in a participatory way. And in the field of the necessity of planning this rule, the theory of the authenticity of the narrations of the rule of Al-Hudood was presented with suspicion as well as the meanings in the scope of this rule in the subject of ta'zir, which was not common among the predecessors. The source of the problems in the scope of the rule of limits is the invalidity of the possibility of setting the word limits for absolute punishment, because this possibility is neither compatible with the rules of language nor with the jurisprudential salutation. The result is an emphasis on the exclusive founding role of the Ta'zir rule and the departure of this rule from the design priority to the necessity of establishment.

The role and responsibility of the government have changed comparing to the past, and the role of citizens within a favorable administrative system has formed the key components of modern governance. It is necessary to establish the desired governance system and a competent government according to new norms, such as the general principles of administrative law and guaranteeing and protecting citizens' rights through supervisory mechanisms, as well as creating a platform for citizens to play an active role in governing the country. Various challenges such as lack of transparency, lack of accountability, lack of rule of law, lack of access to information, politicization, mismanagement, etc., can be considered the most prominent challenges of the Iranian administrative system that must get identified and addressed in the light of good governance indicators. The most prominent issue in this study is the answer to this question: from the perspective of good governance, what challenges does the Iranian administrative law system face in the field of civil rights? For this purpose, in the first stage, to extract the concepts and components of civil rights and good governance, the method of content analysis and grounded theory have been used. In the next step, the Delphi method has been used and the designed model has been evaluated and reviewed by experts. Finally, the expert survey method has been applied. The statistical population of this study is 40 people. The results indicate that absconding the law, lack of familiarity or low level of awareness of citizens with their rights within the framework of the Charter of Citizenship Rights, ineffective guarantee of implementation of laws in the field of civil rights, distrusting the administrative system on the part of citizens, and government irresponsibility are the most prominent challenges in the Iranian administrative system in light of good governance.

The C.P.C in Articles 112, 118, 318, and 322 introduces the failure to file a lawsuit within the legal time limit and elimination of garnishment and temporary order to cancel garnishment and temporary order, and in Article 318, the issuance of a final verdict against plaintiff and the return of petition and lawsuit have been determined as the cause for the elimination of garnishment; however, there is no specific order in this regard in temporary order. Also, the garnishment may be annulled due to the objection of the litigant. In contrast, the abolition of the interim injunction by the provision of security is provided for in Article 321 of the C.P.C. The removal of the effect of garnishment and temporary order is searchable in cases such as resignation of applicant, issuance of any of final court orders, conciliation and issuance of an incompetence court order, but there is no definite explanation for this. The analysis of the subject in question shows that provisions of C.P.C are very incomplete, inexpressive, and inconsistent in stating the cases of cancellation of garnishment and temporary order And in each of these two institutions, it has paid attention to some cases of elimination And other cases have been neglected.

Development, use and transfer of environmentally sound technologies, especially from developed to developing countries, is recognized as an essential step to meet and respond to environmental challenges, protect the environment and prevent its degradation. Since these technologies are protected by intellectual property system, Countries with these technologies often reluctant to transfer these technologies to developing and less developed countries easily. Thus, intellectual property rights can make it difficult to transfer environmentally sound technologies to countries in need by granting an exclusive right to the right holder. The purpose of this research is to provide solutions to remove transfer barriers and adapting this system to the needs of developing countries and facilitate the transfer of technology to these countries. The result of this research shows that use the flexibility and capacity of intellectual property rights such as compulsory licensing, Exceptions to Patent Rights, Parallel Importation, Exceptions to the possibility of receiving a patent and pay more attention to the situation of developing countries adapts the intellectual property rights system to the needs of developing countries and facilitates the transfer of environmentally sound technologies to these countries.

Following the adoption of Articles2to7of theCode of CriminalProcedure regardingthe principles of fair trial, one ofthe issues between legal associations isthereason forspecifying thegeneral principles ofcriminal procedure ina law, themost important description ofwhich isits functionality.Considering thecompliance ofthese articles with some laws, such asthe Law onRespect forLegitimate Freedoms andthe Protectionof Citizenship Rights, and the duplicative provisions regarding therights ofthe accused inother relevantlaws, the issue ofthe reason forre-emphasizing these principles hasbeen questioned atthe beginning ofthe Code ofCriminal Procedure.While some consideredthe mentioned articles to be necessary and innovative, others saw their adoption as repetitive and useless. Therefore, it seems necessary to look at the reason for the inclusion of basic legal provisions in the Code of Criminal Procedure, as strategic principles of the Code of Criminal Procedure, with a comprehensive view from a legal, political, international and economic point of view. To justify the adoption of these principles, various reasons have been mentioned, including: the emphatic aspect of these principles, the correct education and culture tools regarding the observance of the rights of individuals in society, a source for interpreting the law and judicial arguments and citations, use as a criterion Judicial vote. However, it seems that a priori and a posteriori legislative evaluation and its comparison with the discourse raised in human rights forums in the face of a challenge to Iranian law and the simultaneous political and sanctioning tools of states and international organizations, taking into account time requirements, scale prominence and The degree to which domestic law is synchronized with universal patterns of fair criminal justice, are major reasons for the philosophy of these articles. In other words, it can be claimed that the Iranian criminal justice system has taken a big step in harmonizing with the global models of fair trial and responding to human rights accusations by adopting these articles.