JOURNAL OF LAW AND POLITICS
Year:2019 | Volume:15 | Issue:39 |Papers Count:11

One of the most important stages in the criminal process is the implementation of the sentences, and therefore, in order to better enforce the penalties, the existence of an independent judiciary in the execution of the sentence is necessary and necessary. Based on this, the many deficiencies in prisons and the attention given to the objectives of the reconciliation of the convicts have led to various measures to reduce the presence of prisoners in prison, in which the "enforcement officer" in the execution stage and even after the execution of the sentence has duties and powers be. The prediction of this institution in the criminal system indicates that the involvement and presence of criminal justice activists after the issuance of a conviction is necessary and the enforcement of sentences is not only the executor of the penalty, and his duty is not limited to the execution of the punishment. Rather, as his name suggests, this official, along with social workers and psychologists and sociologists who, under his supervision, are engaged in punishment, or, in other words, try to comply with the rules of the morale and character of the perpetrators and convicts It does. The enforcement authority has entered the criminal system with the aim of punishing individual punishments and has duties and powers in the context of the suspension, conditional release, and semi-liberties. The present article seeks to address the comparative study with emphasis on the institutions that impose temporary and conditional detention of prisoners. In this context, attempts are made to investigate short-circuited institutions. It seems that the granting of judiciary duties to judges of execution of judgments in some of these institutions has facilitated the fulfillment of their intended goals, but in others, reference to the permissions of the issuance of judges is an obstacle to playing a judicial role in the enforcement of sentences in Iran.

In this paper, after defining the contract and mentioning its types, it will try to provide a comprehensive definition of the contract. In this regard, the features and characteristics of this division will be expressed. It should be noted that there are three approaches to this division among jurists and jurists: these approaches come from different perceptions of this division, which is also due to the fact that the authors' Which has sometimes led to inappropriate censorship of civil law by some of the ideas of Western systems, especially France. However, with a thorough analysis of the jurisprudential foundations of the subject, a coherent analysis of the law of civil law can be provided. In this paper, it will be tried to provide a clear and clear benchmark for dividing the contract into a custom and a covenant based on legal and legal principles. Throughout the text, we will give a detailed and precise analysis of the examples contained in the civil law and provided in the sources of jurisprudence. Because there are different approaches to this division-both among jurists and among jurists-this paper will seek to choose the appropriate approach and make it soundly based on it. The paper has been analyzed by analytical-descriptive methodology and library study, with a snippet of research literature.

Nowadays, new communication technologies is influencing on multiple aspects of human life. Law, also, is influenced by new technologies. One of the logical fields influenced by new communication technologies and configured new shape is commercial dispute resolution field. At present, methods configured in international trade law to resolve disputes by communication between parties and arbitrator through internet. The methods entitled as online dispute resolution (ODR) methods deviated from alternative or amicable resolution methods like arbitration, mediation, and negotiation. What are the online dispute resolution (ODR) method definitions. What are the online dispute resolution (ODR) method features and benefits compared to other methods, what are online dispute resolution (ODR) methods types. Are common questions this study aims to answer in order to identity above mentioned methods. Thus, domestic and foreign references of this area studies through library method.

One of the basic foundations of transparent governments is the right of citizens to access information. This right is one of the basic rights and is a clear indication of freedom of thought and freedom of speech. Access to information is a necessary condition for democracy. On the other hand, the emergence of modern technologies in the form of e-government is one of the social phenomena that results in a reaction to rights. With the advent of human technology, the rights and duties of humans compete with each other, and there are numerous challenges in this regard. The free flow of information in the context of e-government, although it can lead to the growth of society as well as human evolution, challenges such as violation of the principle of privacy and the right to forget, violations of human security and harm to the public and private interests of citizens And defamation, defamation, and other matters can have devastating social and individual effects. Therefore, in order to guarantee civil and political freedoms, the availability of information should be limited. In this regard, it is acknowledged that the free flow of information is not an absolute right without limitation and should not interfere with other basic rights, like other human rights.

Mediation is one of the relatively new institutions in criminal affairs, which has sought to expand the judiciary's ideology. Mediator, victim and offender, including elements are involved in these institutions. The entry of this entity into French law by the end of the 1980s and in Iran's law is officially approved by the Criminal Procedure Code. The Iranian legislator has simply referred to a matter and, of course, has approved the regulations related to this establishment. The present article seeks to somehow address the pathology of this institution with an analytical look at French law and its application to Iranian law. Special attention has been paid to this institution in the country for a long time and it is necessary to analyze this institution so that Iran's rights can, by way of example, institutionalize the status of mediation among its legal provisions.

This paper attempts to explore the true and correct and will introduce legislation to provisions of Article 526 IPC adopted in 2012. In fact, as we analyze this important responsibility, however, lawmakers in the 332 BC in the community and responsible steward of the event, responsibility on the steward of the steward and the position of the considered unless the material cause 363 stronger view former IPC has been adopted. But with the adoption of Article 526 of the new Penal Code appears to deviate from its previous decision and has presented a new strategy. In fact, his will to lawmakers in the latest issue, a factor that crime is based on the guarantee he knows, and if the crime is based on all the factors, all of them know the behavior of the perpetrators, unless the effect is different In this case, one to the impact of their behavior on real crime has responsibility. We are trying to find answers to these questions whether the adoption of Article 526 IPC means tacit abrogation of article 332 BC and other recent material is not used. Does this mean that Article 526 IPC must decide the dispute and the social status and approved by the responsible steward knew, or should be allowed to separate and jurisdiction of each of the order to identify and limitation.

According to the findings of scientific Victimology, in order to find out the causes of delinquency based on the findings and criteria of scientific and criminological study of the fault of the victim-as one of the main elements of the criminal flow-in the development of a criminal event, the passing of the relationship between the victim and the offender is dealt with, this leads to a better understanding and stronger analysis of the crime process and provide the ground for the implementation of justice and the realization of the principle of individual punishment in the cases of victim's fault. In the present study, using analytical and descriptive methods with the impact of scientific Victimology approaches, the fault of victim in committing the crimes required for TAZIR, HADD, retaliation and blood money with the approach of Code studied and to express the effects of the fault on the scope of criminal responsibility criminal in the form of advocacy institutions such as discounting directions, fall of punishment and conversion of punishment be discussed.

Nowadays, theorizing is a part of daily life. Many of peaple have special ideas about why and how crimes are being committed. History is replete with general and specific discussions about this subject. Indeed, each theory is an expression of a belief: it is a viewpoint which allows to better recognize our surrounding world. Since human is a complicated creature, theorizing on delinquency, that is the primary causes of delinquency, is almost difficult. When dealing with crimes against humanity, due to complications and sophistications of the crimes, it becomes much more difficult. This paper aims to study several famous criminological theories that can contribute to rationalize these crimes, introduce a basis for systematic analysis, and understand their etiological components. In this regard, since it should not be expected to achieve impeccable interpretations or find main reasons beyond the commitment of these crimes, they are theoretically analyzed. In the current analysis, these crimes will be dealt with initially in terms of several classical theories such as Anomie, Strain, Preferred Association, Social Learning, wich were formerly introduced by criminologists, then they will be benchmarked against some new theories such as governmental crimes and social adaption theories, wich were recently posed by the criminologists in the process of crime analysis. Finally, these theories can interactionally rationalize an important part of the reality of these crimes.