ECONOMIC JURISPRUDENCE STUDIES
Year:2022 | Volume:3 | Issue:4|Papers Count:10

Background and Aim: Islam has always emphasized participatory criminal policy. In fact, the role and position of people and civil society in the field of criminal science and response to criminal phenomena, especially economic crimes, has always been variable and the same situation in the history of criminal justice has laid. Materials and Methods: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: In all stages of writing the present study, while respecting the originality of the content, honesty and trustworthiness have been observed. Results: The main role and purpose of criminal policy in a society is effective control of crime and curbing criminal phenomena. The purpose of economic policy in the field of economics is to fight corruption and economic crime. Governments are always trying to be economically efficient by making policies and implementing various programs. Because economic peace and stability is the most important and fundamental component of security. Conclusion: Corruption in the economic system is a crime that has been the focus of Iranian legislative policies for many years, but the legislator's haste in drafting related laws has prevented him from pursuing a coherent and decisive criminal policy in this regard. Therefore, success in preventing economic crime-related crimes depends on the participation of all civil society actors.

Background and Aim: Acquisition of lands and properties of citizens is one of the current programs of the municipality, which is one of the most complex and difficult legal activities in order to implement public and development plans of the municipality, which is very important to comply with the rules of Imami jurisprudence. Materials and Methods: This research is of theoretical type and descriptive-analytical method and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: In this article, we have tried to observe the originality of the texts, honesty and trustworthiness. Results: The legislator, inspired by the rule of iodine guarantee, protects property rights against illegitimate domination without having the right of the municipality over these rights. Conclusion: In the possession of private property located in municipal development projects, the permission of the personal owner is not a condition, even if he says I will not allow, his lack of permission is not an obstacle. However, this permission is permissible if it belongs to the Supreme Leader and does not conflict with the status guarantee. Accordingly, the power of government in society is exercised in accordance with social interests; In such a way that the private rights of individuals cannot be challenged.

Background and Aim: The phenomenon of child victimization is considered as one of the social harms and means any physical or mental harm, sexual abuse or neglect and disregard for the basic needs of the child. Cyberspace as one of the new communication environments and despite all the advantages and charms of this space is one of the most important problems related to the rapid and widespread victimization of children that the child's curiosity and inability to recognize and the speed and frequency of offenders Cyberspace requires special attention in this area. Materials and Methods: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: In this article, we have tried to observe the originality of the texts, honesty and trustworthiness. Results: The findings of the study show that, with the advent of juvenile victimology in the last decade, great strides have been made to study victimized children and identify their characteristics and performance in committing crimes against themselves. Due to the influence of moral and religious motives on child victimology, it has presented a new perspective to victim victims under the title of "Supporting Child Victimism. " Conclusion: There are generally good provisions in various laws, but it seems that the main problems in law enforcement are dealing with victimized children and the use of alternative punishments instead of traditional punishments.

Background and Aim: Prosperity of production and improvement of economic situation is one of the main concerns of Islamic political systems. The present study examines the prosperity of production from the perspective of the Holy Quran and the views of the Supreme Leader of the Islamic Revolution. Materials and Methods: The method of the present research is descriptive-analytical and referring to religious texts such as the Holy Quran, statements and views of the Supreme Leader of the Islamic Revolution. Ethical considerations: In writing this article, ethical principles and rules such as referral, accurate and scientific use of resources are on the agenda. Results: The use of creativity and entrepreneurship, the sanctity of usury, collective effort and wisdom to double production and provide immunity to the field of economics, reflects the view of the Holy Quran and, consequently, the Supreme Leader. Conclusion: Prosperity of production requires the principle of cooperation and convergence and the avoidance of unproductive activities to increase wealth. Islamic economics considers the prosperity of production acceptable based on its being on the path of worldly and otherworldly happiness.

Background and Aim: Civil liability of food producers is one of the new topics of civil liability. The mass production of foods with fresh ingredients, as well as food shortages in significant parts of the world, makes it even more important to pay special attention to this type of responsibility in order to protect the physical health of consumers. In the present study, we intend to explain and evaluate the civil liability of food producers by focusing on the jurisprudential principles and the current legal system of Iran. Materials and Methods: The type of research is descriptive and the method used is descriptive-analytical. The method of data collection will be library and based on books, articles, documents and websites. Ethical considerations: In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements, have been considered by the authors. Results: Jurisprudential and legal study of civil liability of food producers in the current legal system of Iran, indicates the lack of a coherent legal set in this regard. The non-use of modern legal institutions, such as punitive damages in this regard, is another shortcoming of the current Iranian civil liability system. Conclusion: At the legislative level, the current set of regulations of the Iranian legal system in relation to civil liability of food producers, indicates a lack of coherence in accepting the basis of responsibility and also the non-use of new legal institutions in this regard. At the judicial level, the resistance of court procedures in issuing verdicts on specific damages resulting from food consumption is a matter for consideration and requires the adoption of an appropriate approach by the country's judicial policy makers.

Background and Aim: Facing emergencies and, consequently, non-fulfillment of obligations contained in contracts, is one of the important issues in the new era. Considering the close relationship between the Iranian legal system and the rules and rules of jurisprudence and considering the theoretical foundations of urgency, the effect of this element on the system of economic contracts based on the said components, the purpose of this study. Materials and Methods: The type of research is descriptive and the method used is descriptive-analytical. Ethical considerations: In this research, preserving the originality of texts and fidelity in quoting speech, as a moral imperative, has been considered by the authors. Results: The findings of the study indicate the effect of the element of urgency on the system of economic contracts at both levels of the terms and conditions of the economic contract as well as its survival or dissolution. Conclusion: The study of the effect of urgency on the system of economic contracts with regard to jurisprudential arguments and its theoretical foundations, shows that if the necessary legal mechanisms to control the scope of these effects are not foreseen, their obvious conflict with jurisprudential arguments will be ineffective. Theoretical foundations and moving away from the main philosophy of the state of emergency will not be far from the mind.

Background and Aim: Bitcoin (virtual currency) is cryptocurrency that is used only through cyberspace. in the present study, the jurisprudential dimensions of issue have been explained by two approaches of individual and governmental jurisprudence, as well as at two levels of transaction and extraction. In addition, using the research method of multi-stage ijtihad and the opinion of Islamic financial experts and great authorities of imitation, the conditions of the license to use cryptocurrencies have been calculated. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Results: The findings of the present study show that there is disagreement among jurists about the legitimacy of this money. Some jurists consider its illegitimacy and the most important reasons for jurists to reject the legitimacy of Bitcoin is the ambiguity of this currency, the uncertainty of its origin and destination, its high risk and its foreignness. But some other jurists and economists believe in the legitimacy of virtual currency and give reasons for its legitimacy. Conclusion: The view of jurisprudence is affirmative in the face of emerging financial issues such as bitcoin. Money approved by Shiite jurisprudence is not confined to cash. The tax of a currency has a direct relationship with its desirability among the common sense and the people. In Shiite jurisprudence, there is no evidence that the tax created is a benefit of consumerism, and virtual currency and bitcoin are taxed.

Background and Aim: Human attention to material well-being and economic development, environmental issues and compensation has become one of the most important human concerns. In this article, an attempt has been made to examine the compensation of environmental victims from the perspective of jurisprudence and international law. Materials and Methods: This is a leading descriptive-analytical article using a library method. Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources. Results: Findings show that in jurisprudence, compensation for environmental victims has a special place. In jurisprudence, the rule of loss, the rule of causation and the rule of no harm, the necessity of compensating the victims of the environment can be deduced. In international law, the principle of compensation for environmental victims based on theories such as fault and error, is accepted in various documents and restoration, compensation, lost consent and commitment to prevent the most important methods of environmental compensation for victims of environmental damage. Conclusion: The impossibility of determining the exact amount of damage and sometimes the impossibility of compensation in the form of restoration to the previous situation is one of the challenges in the field of compensation for environmental victims. Compensation for environmental damage is not accountable under existing rules of civil liability, such as fault, and absolute liability needs to be addressed in both domestic law and international instruments.

Background and Aim: Endowment is the topics in the modern era. Its purpose dynamic endowment in society as a lasting legacy for the future in society and it has many economic functions, such as reducing poverty. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: have been observed in all stages of research writing, originality of texts, honesty and trustworthiness. Results: Endowment is from legal acts; it requires willpower and is divided into two categories of contract and agreement and legally there is a difference: is it a contract or an agreement? About the ownership of the endowment property, some jurists know dedicator the owner, some of the same endowment belongs to the recipient of the endowment and some make God the owner of the endowment. Thus; Endowment is a contract and there is no difference between Iranian civil law and jurisprudence. Conclusion: endowed is from Current charity, recommended matters and one of the new issues is the endowment of stocks and money that; First: We accept the endowment of tax (money) with strong arguments. Secondly: acceptance is the main condition in the endowment. It has many economic functions Such as reducing poverty in society, creating employment and a lot of capital in society. To implement it, can be done through Loan funds and mutual funds.

Background and Aim: Increasing trade relations in today's world on the one hand, and the importance of the role of commitment and expertise in the business world on the other hand; highlights the need to pay attention to the position of commercial agencies and their duties. In this research, His duties in jurisprudence, Iranian regulations, and English law are examined. Materials and Methods: This article is based on descriptiveanalytical method and library method and fish-taking method have been used to collect information. Ethical considerations: Attempts have been made to fully observe the ethical principles of research in this article. Results: Despite the fact that in jurisprudence and regulations, the obligations of the commercial agent to a third party have not been considered so far, a framework of duties can be drawn for him. Conclusion: Regardless of the duties that may be imposed on the agent by the agreements between, duties such as good faith, warranty of authority, observance of trusteeship and confidentiality can also be considered for him in jurisprudence and legal system in Iran and Britain. At the same time in jurisprudence based on general rules; representative of delinquency, will be liable to a third party if not ratified by the client. In Iranian law and British law, the commercial representative has several instances, each of which has obligations to a third party, all of which will be studied.