JOURNAL OF LAW AND POLITICS
Year:2018 | Volume:14 | Issue:36 |Papers Count:8

The idea of dealing with dangerous and wicked people has long been considered in society. Before the formation of the general justice, this collision was private and was embodied in the form of revenge or collective responsibility. In the aftermath of the formation of the general justice, how to deal with such people has been the mainstream of criminal law. The emergence and consolidation of the principle of the legality of crime, punishment and proceedings has, to a large extent, limited the community to deal with such individuals and the dominant power has been to act within the framework of this principle. The positive movement with the concept of dangerous persons and the proposal to establish a commission for the identification of dangerous persons has sought to derogate from the principle of the mentioned principle. Approval of the law on the intensification of the punishment of wicked people and the draft law on the protection of social security and the law of security measures and the establishment of the Provincial and City Security Council should also be assessed in this regard. This article considering articles 36 and 176 reviews the status of social security commission and social council from beginning till now in the structure of principle of legality of crime and punishment in the Iranian criminal law.

Arbitration as a parallel way of trial with state courts, is universally accepted. In this method of proceeding nomination of an arbitrator by either party has long been a common practice. However, the exclusive role of the will of each party in choosing an arbitrator constituting this confusion that the arbitrator appointed by each of the parties, which Article 459 of the civil procedure law of Iran define as partyappointed arbitrator, is the representative of the party who elected him and to set forth the fundamental question of whether independence and impart iality duties apply to the co arbitrator? By reviewing the features of arbitral tribunal it seems that the use the name of mandatory or representative on the party appointed arbitrator is by no ways in conformity to the arbitrator's function in arbitration, resulting in challenges to the necessity of his/her independence and impartiality. These elements attempt to limit the parties' free will into appointing and removing arbitrators as well as carrying legal procedures. After examining the stances of the most important legal systems on the subject, this article tries to analyze the scope of the duty of independence and impartiality on party-appointed arbitrators in order to specify their true positions and distinguishing them from any other similar institutions.

Fear can be known as the most important aim in terrorist actions. Although these kind of actions can affect many people physically, directly or indirectly, on the base of psychology of terrorism, it can be said that fear spreading is the main purpose of terrorism and terror can be described and defined just on the base of fear. This purpose may be created by the use of mass communication tools and may be spreaded with the kindness of technology which is promoting day by day. This fear which is hidden in terrorist acts could help the terrorists in the way of their goals and could help the states to obtain the obedience of their citizens. Terrorist groups can use the fear spreading to effect on the states and on the other hand this fear enables the states to control the public emotions on the light of fear from terrorism and in the meanwhile the security of people would be sacrificed by the fear and instead they would get the unpleasant sense of miserably.

Iran and USA’ s criminal law systems have recognized the threat as a crime and have imposed different penalty for it. T he importance of crime ‘ threat’ is founded where citizens in accordance with domestic laws and international documents are granted very important rights such as “ Freedom of speech" and the violation of mentioned rights is confronted with domestic and foreign criminal sanctions from one side and the expression of some words or commit a certain attitude by them and in accordance with the same laws are prohibited and to be considered as the criminal threat on the other side. However, the laws of both countries have selected different approaches regarding the circumstances to realize the mentioned crime and some of its examples, although in some characteristics of criminal threat such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to understand the similarities and differences of criminal threats in Iran and USA’ s laws in detail, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we try to explain and examine the structure and threat features in both criminal laws.

This research seeks to analyze the content of the Qur'an and the Universal Declaration of Human Rights and their comparison in relation to women and their social and legal status. In Islamic countries, especially Iran dominant look, this is a unique role and position of women in Islam and human identity have been and because people do not see the right legislation and right to legislate exclusively reserved for God knows; they had critisize to the decleration. The Author believes that by looking at structural and according to the terms "cultural" and "social" itself, and the dignity of each human being have made and both have been human apprehension, and would be favored. In order to test this hypothesis, the use of structuralist theory, to define the concepts of Rights and Law, aims to increase both the human personality and in this case, "woman" knows by space and time and concludes that the interests and legal position of women in the balance between the two elements of time and space.

Adjustment of Penalties is meant to bring justice closer to the punishment required by the criminal phenomenon. Adjustment of penalties can be reviewed in three parts: the generalization of legal penalties, incomplete penalties and nonenforcement of penalties in the context of criminal law. Since the achievement of a purely criminal justice approach based on various definitions and beliefs of this concept has never been realized in the universe, therefore, criminal law may be condemned in a legal system of adjustment of penalties to a favorable situation, and in the criminal system of other policies, the penalties would be adjusted to a maximum and violent attitude to the convict. It seems that the adoption of a legitimate securityist approach to dignity punishments, zero tolerance for perpetrators of major, high crime and security offenses. The more this feature is made more prominent in any penal system, it shows the proximity of the criteria of the criminal law of dignity and its proximity to the criminal security policy. In thi s article, the Islamic Penal Code has tried to understand the dominant approach of Iran's criminal law from this perspective.

Implementation of monetary and currency policies and regulating the currency market in particular, are considered as the Central Bank's duties. The banking system plays an important role in development and fmancing, especially in the international commerce and in thi s arena, establ ishing order and security on the one hand, and respecting private ownership and facilitat ion of trade should be taken into account altogether; Nowadays (particu larly after the Currency Crisis of 20 12), claiming the currency exchange rate's difference h as turned into one of the most prevalent banking lawsuits and this matter is significant in this regard, since in the mentioned currency crisis of that year, the currency exchange rate's difference subject to claim was by the amount that the trade was depri ved of i ts economic justification and even in several cases, entailed the loss of applicant as well. By examining the various presumptions of pre-payment, interim payment and non-payment, we reach this general conclusion that with respect to the currency sale declarat ion, which is filled out at the time of endorsing the documents by the name of applicant, the sale of currency at the mentioned t i me is fixed and its Rial equivalent at this date, would be the criterion for the final settlement between the applicant and the issuing bank and the undertaking letter on currency fluctuat ions would also be pertinent to the changes in the currency, from the time of opening the l etter of credit to the time of endorsement and transaction of documents and claiming the currency exchange rate's difference before the fixed and final day of settlement breaches the laws, regulations and other directi ves of the Central Bank.