Journal of Judicial Law Views
Year:2014 | Volume:- | Issue:66|Papers Count:7

eslahat maghale: The total compensation cut fingers, both hands or feet, complete with human blood But if you cut off some fingers, the other fingers, each finger portion is equal to or greater share of the opaque finger. Different fingers or draw blood money The two major views on the question of Imami jurisprudence has emerged. Most scholars believe the theory are equal. The full blood tithe money for each finger are placed. In contrast, a group of distinguished scholars detail the theory becomes entitled to a share in the fingers have different blood. For his thumb, third money, and the other four fingers of the other two-thirds have been fixed.

Domestic courts of every country need to interact and cooperate with foreign courts to deal with cases in connection with the legal and judicial system of a foreign state such as extradition, transfer of prisoners, investigation of accused or hearing the witnesses who may be reside in the territory of a foreign state.However, achievement this goal often requires to have a special Act which assures the reciprocity action of every state. Therefore, the best way is to provide for the agreements of legal and judicial assistance between states. These agreements, bilaterally or multilaterally, oblige the states to cooperate with each other.In Iran, before the Islamic Revolution, a total of five agreements have been signed mainly with neighboring states. Now, this number has increased to 45 and a total of 110 different agreements are currently under discussion.In this situation, approving of these agreements has been systematically denied by the Guardian Council of the Constitution. In contrast, the Expediency Council systematically approves these agreements. But such a cycle would not supportable and therefore, a solution should be found.This study suggests some legal solutions and General Policies which helps the Guardian Council to confirm the agreements relating to the international judicial and legal assistance.

The free trade system is going to reduce the tariffs and remove the non-tariffs barriers that WTO undertakes to do them. Some imported products have problems with regard to safety and health and importing countries are concerned that the entrance of such products to their territories will danger public health. These concerns may be as result of public opinion and concerns that may have a scientific basis or not. Under some conditions, "The Agreement on Sanitary and Phytosanitary Measures" permits the Members to prevent the importation of the products that are dangerous to the public health and safety. This essay seeks to examine to what extent can the Members' public opinion about health and safety of imported products be a reason for taking restrictive-free trade sanitary and phytosanitary Measures? The careful survey of the above-mentioned Agreement shows that there is considerable scope for the Members to rely on the non-scientific evidence such as public opinion to take measures for protecting the life and health of humans and environment.

Ahl al bayt jurisprudence is a text-based collection. A text which extracted from legal resources and references with juriscosult try and innovation and indicates God's legal will. It is in the scope of methodology of Ijtihad (independent judgment) and the use of methodological reason. By arguing on several God's attributes, it answers the problems in human needs in every circumstances. As with exploitation of custom status in role of “limitative prestige”, it is a dynamic treasure and it can solve problem of time requirements. Competing views which encounter to destitution of revealed resources, has restored legal shortcomings with legitimating to custom.This article consider abovementioned basis of difference in philosophic and theological defaults. Since these defaults are different, we encounter to different law references.

Administrative appointments are internal decisions which normally have legal effect, Administrative measures are so differents, but how dose not refer to citizens. In some legal systems internal decisions are not subject to judicial review. This article proves that Administrative Justice Court has jurisdiction to administrative appointment, but given that this is not general decision which can n ot be Complain in Plenier Assembly. An administrative authority can not give a general effect to administrative appointments. Investigation into the legality of administrative appointments relates to the branchs of A.C.J. It requires adopt a new approach to Concept of beneficary, so reasonable interest criteria rather than other criteria.

The defining feature of developmental criminology is the focus on offending in relation to changes over time in individuals and their life circumstances. Childhood and adolescence are the most central issues of developmental criminology and most researches are focused in practice on them. Developmental criminologists are concerned with questions of continuity and changes in behavior, including the onset of and desistence of offending or a criminal career, and patterns of offending over time. This orientation of criminology, using the achievements of different schools and theories, is able to offer the most practical solutions for preventing and combating crime through the full life course, from infancy to late adulthood. The main policies in this area include providing a strong basis for understanding young offenders, early interventions before the first opportunities to commit and how both the criminal justice system and social service providers should approach the task to assist this age group, sooner than appearing before the court. The present article is a brief concentration on this branch of criminology and its different aspects.

On the base of the provision of the judicial rule "The governor is legal guardian for refuse" if somebody refuses to respect peoples right, judge after obtaining the refusal, in order to prevent chaos and to preserve public regular and also to perform social justice, directly takes action.The refusal will be obtained during trail procedure. So, this rule is a 'judicial rule. One of the results of performing rule by governor is family actions.Important cases of performing this rule in family actions are:Husband’s refusal of paying the maintenance in spite of his ability.Husband’s refusal of divorcing wife in spite of disability of paying the cost of maintenance.In long and sudden absence of missing person, his legal guardians refuse to divorce his wife.Husband, refusal of divorce or withdrawal in illa and zihar.Husband or wife, schoicing arbitrator in case of fearing separation.Husband’s refusal of forgiving the remaining time in temporary marriage.In these cases Judex can accomplish legal and religious duty of refuse owing to his jurisdiction. Legislator, in some articles of civil code for instance in article1129, recognized this rule to be enforced in the present law of country.The rule of "The Judex is legal guardian for refuse" has accepted the governor interference in relation private relations. Due to this rule, if somebody doesn’t care about others rights, the governor of the Islamic society, with regard to jurisdiction is allowed to do his duties.