Journal of Judicial Law Views
Year:2013 | Volume:- | Issue:63|Papers Count:7

Detection of the truth has been ever one of the important concerns of scientists in the sciences related to judicial issues. In penal problems, to detect the truth, the evidences are resorted which are referred to as proof evidences. These evidences or in other word their queen is confession. The confession as the queen of evidences has special position in Islamic judicial context. In penal law of Islam, the proving value of this evidence for proving the crime is different depending on various crimes and the same difference and attempting for detection of legislator’s opinion has been changed to the battlefield of judges among the jurists.In this paper, we try to respect the jurists style for raising and criticizing the theories and analyze and answer this fundamental and important question “if the benchmark in Islamic penal is related to sufficiency of one time confession or number of confessions?Upon verification of evidences and terms of jurists in all contexts, it is cleared that in some punishments, a specific number has been determined for frequency of confession, and in some other, one time confession based on rule is sufficient. Whereas the punishments are different from each other, we may not extend evidence raised for frequency of confession in a specific punishment, to the other cases.

According to article 159 of the constitution of Iran, the official institution for judicial settlement of "complaints" and "claims", is judiciary. Explain the nature of "complaint" and "claim" is the first step to explain the exclusive jurisdiction of "Judiciary" in care of "formal" to them. The first attempt in this article is specified up on the nature of the" judicial affairs" and thus their nature is explained according to the legal regulations. Then the nature duties and responsibilities assigned to the judiciary in terms of article 156 of the constitution studied. The third part of this article focuses on legal basics of the centralization of judicial fairs in the judiciary. In the last section of this article with adoption pathological approach criticized the lack of centrality.

Islamic criminal policy has a various kind of punishment that each of them has different logic and purpose.Hadd punishment is based on the criminal behavior and protect the social values for protect moral and social order. So this type of crimes, because of these are the most sever crimes, are punishable with the most severe punishment. Nevertheless, proof of this crime is too hard. Also, there are many drawbacks for use this criminal policy. So it is possible that they think there are conflicts. How it can be justified this conflict between severe punishment and emphasis on its implementation and then difficulty at the proof of these crime. Probably, sociological and philosophical thoughts can answer this question.

The fiftieth of Iran's constitution article has been assign: “The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public duty in the Islamic Republic. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden”. This paper Sought to Content analysis and pathology of the principle constitution.

Permission contracts are being told that the main effect is to make leave or permission. These contracts are based not only on the composition but also on the willingness of people. In fact, the permission must be supported by its source, and if deprived of the support stand, it'll lose its life and identity. So this will result in the end of the legal acts. In the matter of dissolution of permission contracts in the civil law, legislator has called certain factors which provide the abolition of legal acts and permission through impeding the permission and its creator and source. The study of the following basics of abolition of permission contract indicates that the stipulated cases have been told to be allegorical and refer to common factors, in this extend. Investigate the function of human brain and identify the origin of intentional acts show that the part of brain that called the cerebral cortex in cases where the activity is stopped, the will of a person is gone, and the contract is abolished.

Administrative contracts are legal institutions that have been discussed in field of public law in the legal Roman – German system, France in particular, and it is said that in the country it has increasingly been developed and now it is an eloquence situation. But the institution have not been developed in Common law system (England in particular); and there is a kind of impossibility in acceptance of the institution in Iranian legal system. In first view, yet, all contracts have been discussed in private law field in Iran and England systems.In this paper, we have discussed to pathology of features of administrative contract in Iran in the light of France and England Law. Thus, with focus to the nature of administrative contracts, it has been said important four features to the contracts in four section and has been concluded that although there are similarity in the features; but there are important difficulties in Iranian legal system, such as lack of professional courts and non–harmonic approach among judicial, legislative and idea systems, so that it can said that the features have not been instituted in our legal system.

In recent decades, the use of financial instruments, as one of the methods required to fund the government, public institutions and business firms, have been considered and the instruments will be benefited to create prosperity and large production and development projects that desired effect on a country's economic.One of these financial instruments, securities Istisna that because of its characteristics, for example low risk and fixed income investments, financial markets have been regarded in the Islamic world and in our country the economic and Jurisprudence aspects have been studied and the executive is going to be.In this article that Written with analytic approach, lets reviews contractual relationships formed as a result of the publication of this securities and its effects. It also reviews the conditions for Publisher Istisna securities and the provisions and jurisprudence terms of Publication of securities.