مجله تحقیقات حقوقی
پیاپی 108 (زمستان 1403)

One of the priorities of victimology is the damages by the children and adolescents' work due to their physiological situation. Among all forms of misuse concerning these sensitive people, the subject of working children, which is the result of inefficient cognitive, economic, and social structures, has received particular attention from the legislator, especially in the nineties. The significant role of working children in the occurrence of antisocial behaviors, benefitting the experiences of the developed countries, through psychological studies has been always the main concern of sociologists and criminologists in recent years. Therefore, the law of support of children and adolescents in 2020, extracted from the supportive functions and for the physical, mental and social development of children, has been ratified and included in the agenda of the executive organizations. In this study, using library and field methods, the effective factors in the creation of unfavorable atmospheres, predisposing offenses for the working children, with focus on the functions of Welfare Organization and submission of solutions resulting, aiming at the realization of the restorative justice. Thus, interactions of the welfare organization, for the identification, acceptance, support, protection, and empowerment of the working children subject to the risky situation, aim at preparation for having a responsible life in a free society, has received attention.  The mission of restoration of working children to normal life necessitates extra-organizational interactions and fulfillment of legal obligations of other responsible institutions in the regulation of Article 6 of the above-mentioned law, which is proposed for future research.Restorative Victimology of Working Children with Focus on Legal Obligations of Welfare Organization

Arbitration has been considered as a most significant alternative dispute resolution process in United States of America. In relating to enforcement of arbitration awards there are a principal source of law: "Federal Arbitration Act" which is adopted in 1925.Articles 9-14 of this statute contains provisions about enforcement and obstacles to arbitration awards. Enforcement of arbitral awards requires the judicial procedures and supervisions in United States. In accordance with this law the party who is seeking for enforcement must file a motion (confirmation request) and bring necessary documents to the appropriate court during one year. Arbitration awards are not enforceable without judicial confirmation. Vacation, modification and correction of arbitral awards have limitative statutory grounds which are stipulated in the law. The courts are uncertain concerning to whether non-statutory grounds for vacating of awards accepted. Despite of this doubt, however, the other grounds have been created in U.S judicial precedent. Nonetheless both legislature and courts in U.S.A endeavor for esteem and prevalence of arbitration process and ordain some circumscriptions for enforcement and vacating of arbitration awards.

Value is one of the main cores of cultural heritage protection and this is what makes ownership of cultural property attractive, both legal and illegal.Trade in cultural property is something that has been going on for a long time.Despite the emergence of cultural heritage law and the efforts of the UNESCO organization in ratifying the 1970 Convention on the Prohibition and Prevention of Illegal Import, Export and Transfer of Cultural Property, the number of illegal trade in cultural property in the world has not decreased and cultural property is still the target of destruction and theft. and smuggling and illegal trade.Currently, more organized crime gangs are involved in the trade of cultural heritage objects.Trade in cultural objects is an essential source for laundering the proceeds of crime by organized crime networks, and there is a possibility that it can be used as a source of funding for terrorist groups.This research aims to state that cultural heritage rights conventions alone cannot heal the wounds caused by the looting of cultural property.From this point of view, we say that it is necessary to move towards an approach that regulates the prevention and control of illegal trade of cultural property by focusing on criminal law.Such an approach considers the acts against cultural property as transnational organized crimes and seeks to protect cultural property and its legal ownership as much as possible.

Justice and peace as two central values, have a pivotal role in quality, acceptability and success of public decisions. Nevertheless, they are like many other human and social concepts are not necessarily compatible together and consistent. Therefore, in practice a conflict between peace and justice is not impossible. Given this conflict and negating the idea that presumes peace/justice as a false dichotomy, the question is that which one has priority over the other. Adopting a descriptive- analytical method, this article argues that in case of conflict peace is preferable; because it has a holistic perspective. Likewise, to achieve justice factors such as a degree of social agreement and consistency between different powers in the society are necessary and this will happen only in the light of peace. The article mentions some consequences of priority of peace over justice in legal system. Of them is the significance of institutes like forgiveness, arbitration, restorative justice and conflict resolution.

The existence of relationship between discussions in Criminal Law and Civil Law, in spite of independence of this two field, is an undeniable and apparent fact. Rules of Civil Law have a significant effect on Criminal Law, especially in financial offences. Financial offences include intervention in financial rights and interests of other persons. Answer to this question that if individuals have such rights and interests in the property which is the subject of offence, for considering the person that invaded this rights and interest guilty, is find in related sections of Civil Law, including in law of properties and contracts. Most offences happen because of violation of rights that deduce from civil rules. Understanding the parts that is under the direct and indirect influence of Civil Law is one of important preludes of court movement and analysis. Mistake in description can change the court movement and lead it to a direction that harms the accused and society. We don't face with such description and relationship just in the sphere of offences against property, but in the other important subject like vicarious liability, causality relation, probative evidence and etc., legal description has a fundamental role in the criminal affair, too. Identification of domain and boundaries of civil rules impact on the criminal issues, because of lack in researches, has many ambiguous points. Although courts inevitably observe these descriptions in practice; but they don’t deduce them according the specific rules and bases and one of the results is the contradiction in decisions.

Revenues from the sale of raw materials are one of the main sources of income for developing countries. Meanwhile, taxes are among the major revenues of host countries in foreign investments, and in particular, oil contracts, while the amount of taxes directly affects the decision of oil companies to participate or not participate in free projects. Therefore, determining the proper mechanism for receiving taxes is one of the important decisions that affect the process of entering the capital into developing countries. In this paper, we will examine the tax status of the IPC contracts, addressing the problems in this regard, and criticizing the practical steps taken by the Iranian government in obtaining tax from oil contracts. At the end of this paper, it will be determined that the tax mechanism in the IPC contracts has been created to encourage investment in the oil industry, but apparently does not fit perfectly with some of the country's tax principles.

The creation of chimeras, especially human-animal mixing, has raised numerous ethical and legal issues in medical science and biology. On the one hand, these organisms may have adverse effects and serious risks to human health and life as well as biodiversity. On the other hand, they can have benefits, such as helping patients with medical problems. Therefore, scientific research in this field should not be prohibited or restricted. This has led to a number of ethical-legal controversies. The key question is whether the research and production of chimeras is legally and morally justifiable and permissible? In this paper, some legal-ethical aspects of the research and creation of Chimera creatures in the light of international documents and the rules are examined and evaluated. there are three general approaches to absolute disagreement, relative disagreement, and agreement. In international documents, although there is no comprehensive document in this area, some of the international norms and norms mentioned in international documents in the field of biomedicine, human genome and animal rights are related to the research and production of chimeras. The basic presumption of this article is based on the answer to the question that governments are obliged to authorize scientific activities related to Chimera and hybrids to observe the precautionary aspect and even possibly its adverse effects on living things.

The nation-state in legal and political application, is a politicalorganization of society consisting of a government, people and a landwith certain borders. The stability of astrong and structured nation-state plays a Essential role in thedistribution, redistribution, preservation, protection andsafeguarding of Individual Rights. In this perspective, the efficiencyof the government depends on its success in securing human rights. When we study the structural problems of the modern state in Afghanistan, we clearly understand the root of the functional defects of its institutions in protecting fundamental rights and freedoms and of other government functions. The problems faced by the Afghan government, due to the lack of a political structure, the preservation of the traditional system andthe lack of laws that focus on the realities of society, have led todisruptions to the process of nation-building. More than anything, theabove-mentioned problems have caused the Afghan government's inabilityto provide the essential components of the establishment of humanrights discourse. The present research, while presenting a general view of the obstacles facing Afghanistan in creating a modern nation-state, analyzes the effects of the lack of a modern state on human rights situation in The Afganistan.

Bylaw as a main source of criminal law has gone through two periods. Prior to the revolution, the bylaws in criminal law had both an executive and law-abiding face and a substantive and independent face too. In the executive branch, some criminal laws have been enforced through regulations, and some of these decrees are still binding. In substantive face, with the permission of the law, some bylaws criminalized and provided for light penalties for crimes. After the revolution, the substantive role of the bylaws was weakened and then eliminated altogether; but the executive role and sub-face of the bylaws, it became more prominent than before, so that in some cases, the implementation of the law has become dependent on the bylaws. The role of the bylaws in directing the criminal law has painted a new face for Iran's criminal law. Accordingly, criminal law has moved towards detail in content rather than brevity in text and regulation rather than legality. This article, with a descriptive and analytical approach, by examining the process of legalization of criminal law in the last decade of the fourteenth century, has reached the conclusion that developments in various fields on the one hand and the lack of scientific and technical mastery of the legislator on the other hand many bylaws emerge.

In terms of the widespread use of witness testimony as one of the proofs of litigation in all legal systems, ascertaining the validity and value of this evidence is always considered one of the concerns of all legal systems, and each legal system according to its legal basis has clarified the conditioفns of its authenticity and validity. In American legal system, the process of cross-examination of the witness is one of the ways to ensure the accuracy of the testimony of witnesses, which is done by asking the witness numerous questions by the other side of the case. In Iranian law, despite the provision of powers for the court to question the witness, it is not possible to crossexamine the witness by lawyers and litigants. The existence of other solutions to guarantee honesty of the witness should be considered as main reason for not paying attention to this institution in Iranian law. The difference in the type of legal system historically and the existence of some special institutions and concepts in American law are other reasons that have been considered in the current research in explaining the differences. Since the issue of false testimony is one of the problems of Iran's judicial system and the inadequacy of the provisions related to the validation of witness testimony in Iranian law has been proven in practice, in the present study, in order to solve the problems related to false testimony the solution available in the legal system of America has been examined.

According to the teachings of judicial jurisprudence, an oath of declaration is an oath that the petitioner must take in lawsuits against the deceased; So that the right that he claims to prove is on the responsibility of the deceased. The legality of the oath is the place of consensus of the Imamiyya jurists, and thus such an oath is recognized in the related laws (Articles 1333 BC and 278 AD); However, the legislator has not clearly defined the scope of such an oath. The explanation is that in jurisprudential sources, many jurists have considered taking such an oath as necessary only in religious cases, and in contrast to some others, they have believed in taking an express oath in all cases (both religious and objective). This issue, i.e., the scope and scope of taking the oath of affirmation, has been left comprehensive and ambiguous in the relevant laws. Considering the importance of the discussion and considering the existing legal ambiguity, the present research is a problem-oriented research and by adopting a descriptive-analytical method, while explaining each of the statements and analyzing the documents in the problem, finally, the latter point of view according to the applications of the evidence of the chapter and The lack of documentation of the rival's promise is the correct theory of the problem.

International humanitarian law is in a generality and peculiarity in some aspects with international criminal law. International humanitarian law is used as a reference point in understanding and interpreting the rules of war crimes.Conversely, international criminal law is considered as one of the methods of guaranteeing the implementation of the violation of the fundamental rules of international humanitarian law. Therefore, with the aim of examining the degree of mutual influence of these two legal systems from each other and review the scope and examples of this effect, the main question is how the mutual influence of these two legal systems on each other's development and evolution has been?The hypothesis under consideration is based on the fact that these two legal systems help each other to the continuous development and evolution of each other in a mutual effect and in a cyclical relationship. In this descriptive-analytical research conducted in a library manner, the findings show that due to the necessity of a precise definition of crime as one of the basic notions of the international criminal law system, the development of this system has inevitably been led to the elimination of ambiguity in defining cases of serious violations of international humanitarian law and the rules of humanitarian law have also caused the gradual development of international criminal law in the field of new criminalizations and as a result the development of international law In the fields of environmental crimes and crimes against cultural and historical works.

Some rights are called fundamental because their existence lead to development and their absence to deterioration of the individuals and their personalities. It is an inalienable and necessary component of a modern democratic government to support the fundamental rights. Therefore, it is essential that the fundamental rights and freedoms to be supported sufficiently and efficiently. In the modern government paradigm, the governing body is responsible for ensuring the observance of human rights. Therefore, the objective of legal state is to support the fundamental rights and freedoms of citizens. Some of the rights and freedoms benefit from the ability to be relativized under certain circumstances and may also confront some restrictions. It is therefore necessary to define the territory and limits of restrictions imposing on the fundamental rights relying on the normative criteria and principles. Using the descriptive and analytic method and the library resources, this study attempts to assess the role of the principle of proportionality as a right-based principle in order to achieve its ultimate goal, which is to balance the authority of public officials to provide public interests on the one hand and guarantee and support the social, public and individual rights and freedoms.

The conclusion of contracts either in domestic or international sphere is based on parties’ exchange of opinions about contractual matters before conclusion namely as pre-contractual negotiations. The effects of parties’ mutual intention on the definitions of words and phrases in their contracts would be found in the pre-contractual negotiations. The main problematic of this paper is the admissibility of the pre-contractual negotiations in domestic courts and international arbitral tribunals as evidence in contractual interpretation by judges or arbitrators. This is generally accepted in international trade, and stipulated in soft instruments relating to international trade law. But the contemporary legal systems are not harmonized in this matter. As a result, there will be problems not only in the domestic jurisprudence but also in the choice of law matters in international commercial arbitrations. Iran legal system is silent on this matter. This paper analyses the challenge of the admissibility of the pre-contractual negotiations with consideration about international trade systems reactions on the matter, so that the paper tries to present an innovative concept in Iran legal literature, hoping to be codified and harmonized legislative and judiciary system.

Adoption is a custom that has apparently always existed in history. The study of historical adoption shows that the pattern of adoption has changed and its supportive aspect has increased in modern times. In Islam this issue and using of it has been discussed many times by the jurists and some have claimed that Islam has rejected it. Accordingly, the rules that apply to the child relationship were also necessary for adopted child. Among these matters the issue of intimacy of adopted child to adoptive parents has always been a concern of Muslim families. The phenomenon of marriage with an adopted child is not considered illegitimate in traditional jurisprudence but it has happened many times and has caused many challenges in contemporary times. This paper by an analytical and library method , after examining different views of contemporary jurists and lawyers, by focusing the verses of Quran has analyzed the phenomenon of adoption and has reread the issues like intimacy and marriage with adopted child and the inherited of adopted child and has reached different conclusions. Based on this paper the Quran have capacity to solve the difficulties of adoption by referring to its verses.