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Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    5-27
Measures: 
  • Citations: 

    0
  • Views: 

    908
  • Downloads: 

    0
Abstract: 

Nowadays, margins of mega cities, especially in developing countries tragically have become centers of poverty and large numbers of poor people gradually have been pushed aside to there. The purpose of this study is evaluation of urban poverty in New Hashtgerd for better planning and management in order to organize and empower the poor and enhance the quality of their life. Accordingly, factor analysis and various economic, social, cultural and physical indicators were used to specify poverty in Hashtgerd New Town blocks. The results show that there are1732 blocks (%85. 9 of very poor class), 141 blocks (%7) of poor, in Hashtgerd New Town. Moreover, 112 (%5. 6) blocks belongs to the middle class. 25 (%1. 2) blocks and 6 (%0. 3) blocks are rich and very rich classes respectively. Moreover, due to construction of massive volumes of housing (Mehr housing), Hashtgerd New Town has faced with extreme segregation and dichotomy in recent years. Socio-economic status of majority of Hashtgerd New Town Population is Poor and disadvantaged. So that "very poor (85%) and poor (7%)" classes considered as the dominant classes in the Town and constituted 92% of it’ s population. This disrupted the balance of the Hashtgerd and put it in an unstable and critical condition. The urban middle class normally is the largest class, while this condition has reversed in Hashtgerd New Town; the middle class is declining or virtually destroyed (5%). Also, rich and very rich classes are 1. 5% in Hashtgerd New Town. There is direct relationship between poverty and low-income housing areas, and most poverty frequent and geographically centralized ereas are respectively in phases 7, 4, 3, 2 and 1. Therefore Hashtgerd New Town has a severe social polarization or gap that clearly puts a wealthy minority versus a poor majority. Such a situation has the potential for the occurrence of urban anomalies and crime.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    29-56
Measures: 
  • Citations: 

    0
  • Views: 

    992
  • Downloads: 

    0
Abstract: 

Securing the maximum justice and support for the poor and vulnerable groups of people is the main mission of the law, a mission that is not only accessible through law concepts, but also as the result of pure attention to the call of wisdom and conscience. The liability arising from fault of production is one of the results of this mission, the responsibility which has freed from the traditional rules of guarantee and, although by ignoring some of the principles and rules, has restsd in the realm of justice. In this particular type of responsibility, consumer has a special position or situation, and the legislator is trying to protect his interests against the producer, and, at the same time, dose not declare the producer as the unconditional responsible. This approach can be remarkable and applied in the production of multiple products, including the genetically modified (GM) crops, and at present and with regard to the production characteristics of this era, it seems the most appropriate type of liability. Production and supply of transgenic products developed in seeking to achieve the desired results in this field.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    57-79
Measures: 
  • Citations: 

    0
  • Views: 

    559
  • Downloads: 

    0
Abstract: 

Management of human societies is fulfilled through its government or political system. Many theorists by producing hypothesis and theory designs have presented works on mechanisms of formation of legitimacy and continuation of political system. After victory of the Islamic Revolution in Iran, circumstances of its preservation and continuation from the view point of its founder became very important, specially, considering this fact that protecting Islamic system is located at the center of Imam Khomeini's thoughts and other revolution dignities, including cultural dignities, are under the influence of this fact. In connection with Lacatus casual philosophy model, a survey about limits and conditions of protecting political system belong to Imam Khomeini's thoughts shows a new and modern work. Referring to Lacatus model, there are optimized parts that can be named under the title of hard core, protective belt and heuristic rules. In this research, it is tried to discuss about Imam Khomeini's thoughts concerning limits and conditions of protecting the system in the form of Lacatus model and then it is intended to review the results of this pattern.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    81-110
Measures: 
  • Citations: 

    0
  • Views: 

    677
  • Downloads: 

    0
Abstract: 

Seeking to attract foreign investment for developing oil and gas fields of Iran, petroleum ministrty of Iran has recently enveiled a new contrac framework, named Iran Petroleum Contract (IPC). This article evluates the effects of these contracts on national economy. For this purpose, the fiscal simulation of IPC has been designed. In this model all the main fiscal terms and provisions, including payment cap, wage adjustment with respect to R-factor and output price, cost structure and production profile, has been formulated. The evaluation shows that net income of these contracts for developing oil fields, will be USD 90. 7 billion and USD 57 billion in reference and pessimistic scenarios respectively. In addition, in the pessimistic scenario about USD 58 billion of contractor debts will be unpaid which should be repaid in longer period after contract period to the contractor. The impacts of these contracts on government budjet and national development fund are addressed in this article, as well.

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Author(s): 

BAHREHMAND HAMID

Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    111-135
Measures: 
  • Citations: 

    0
  • Views: 

    3303
  • Downloads: 

    0
Abstract: 

Legislator's innovation in crime punishment gradation had positive effects in the legislative system. This innovation facilitates applying the principle of proportionality between crime and punishment, harmonizing criminal responses, and implementation of policy of individualization of the punishments. In addition to these advantages, there are disadvantages in the gradation system. After studying the gradation system in the legislation of some countries and the history of this system in Iranian legislation system, this article studies the advantages and disadvantages of Islamic Penal Code with content analysis method and makes suggestions to remove the disadvantages. These disadvantages are not all-inclusive degrees of punishment, the ambiguity of the degree of some crimes, illogical and contrary to the law criteria of judicial precedent, lack of clear criteria for determining the maximum punishment for multiple crimes, the imbalance of sanctions inside one degree and non-use or misuse of gradation system of sanctions in other laws. The solutions proposed include enumerating all instances of Tazirat under Article 19, and excluding other punishments, stipulating that relative fines are within eight-fold degrees of punishment, a proposal to amend Section 3 of Article 19, proposing a clear formula to determine the most severe punishment in multiple crimes, offering an unique and balanced criteria in order to amend the punishments inside one grade and proper use of gradation system on other laws.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    137-173
Measures: 
  • Citations: 

    0
  • Views: 

    481
  • Downloads: 

    0
Abstract: 

The purpose of this article is to evaluate the question that “ does pursuit of income, avert the privatization away from its main goals? ” While in the process of selling state owned enterprises (SOE) to private sector the government inevitably gets some income, and this is unavoidable, this article will show that when income becomes an important goal in privatization process, it can meaningfully affect on the other purposes of privatization. This article presents theoretical reasons for this claim and evidences from privatization in Iran that confirm it. This article recommends that in privatization process focus be on the efficiency and performance of enterprises rather than income or profit acquisition.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    175-203
Measures: 
  • Citations: 

    0
  • Views: 

    961
  • Downloads: 

    0
Abstract: 

The aim of this article is, while explaining the interdisciplinary nature of law abiding, with regard to its hypothesis (Lack of cultural background of law abiding in Iran), to do an empirical research about it. This article In terms of aim is basic, data collection is descriptive-analytic in combination form. Data collction tool is taking notes and researcher made questionnaire. All the population of case study are students of Shahid Beheshti University (SBU), and 400 students were examined by single-stage cluster sampling. Theoretical results showed the law abiding according to its main index (rejection of the arbitrary behavior) is a variable and contextual phenomenon that lack of cultural prerequisite is the main factor of its absence in iran. According to empirical findings about %74 of the sample have negative attitude towards the law; more than %65 did not believe in the legitimacy of the legal system and about %72 did not believe in the equality before the law. Average of negative attitude towards the law was 3/8720, not believing the legitimacy of the legal system: 3/8450 and not believing the equality before the law: 3/9644. After verifying that the data in the "Kolmogorov-Smirnov" test were normal, one-sample parametric "T" test was used, which while confirming the hypothesis, showed that average of negative attitude towards the law in ordinary conditions of society is 10/292, not believing the legitimacy of the legal system: 7/960 and not believing the equality before the law: 10/850. Accordingly, it is concluded that society lacks cultural capacity for the emergence and persistence of the law abiding.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    205-228
Measures: 
  • Citations: 

    0
  • Views: 

    873
  • Downloads: 

    0
Abstract: 

Although there is no Unified approach about what child poverty is and how it is calculated, but most studies and organizations related to the issue of child poverty, consider it as a multidimensional phenomenon. Proper understanding of the situation of children and teen agers who experience poverty in their lives, can be an important tool for breaking the void circle of poverty and child poverty reduction policies. In this article, multidimensional child poverty and overlapping of children's deprivations in 6 dimensions are investigated. For this purpose, "Justice Measuring Project in Tehran 2011" and "Multiple Poverty and Overlapping of Deprivation Analysis Approach" were used. Results indicate that across the six dimensions, child deprivation rates are highest in facilities, housing, health, nutrition, security and protection and education respectively. 79% children in Tehran also are deprived in one or more dimensions out of that six case. The children on average, deprived in one or more dimensions tend to suffer from 1. 8 deprivations, . This is 30% of the total deprivations.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    229-254
Measures: 
  • Citations: 

    0
  • Views: 

    1022
  • Downloads: 

    0
Abstract: 

In Article 3 of the Code of Criminal Procedure enacted in 2013, given the principle of increasing the speed of criminal investigations, drafters of Iran Criminal Policy obliged judicial bodies to investigate and decide on alleged charges in the shortest possible time with complete impartiality and independence and avoid any measures that interfere or prolong the process of criminal procedure. Therefore, investigating in the shortest possible time or in a sense reasonable deadline, as one of the constituent elements of a fair trial, requires some explanations. In this regard, an attempt is initially been made to recognize the concept of reasonable deadline at the stage prior to criminal procedure (part one). After identifying the concept of reasonable deadlines, as a component of case management in the criminal courts, foundations of reasonable deadline are examined from the jurisprudence and criminology perspectives (part two) and in the third part of this article, aspects of criminal policy are investigated. Moreover, in the fourth part, using a supportive approach, executive guarantees of failure to adhere to the reasonable deadline are discussed.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    225-278
Measures: 
  • Citations: 

    0
  • Views: 

    1071
  • Downloads: 

    0
Abstract: 

The purpose of this research is to present a definition of planning based on the theoretical foundations of institutionalism and "the four levels of social analysis” model of Williamson. The main question of this research is: in order to prepare, compile and implement a planning properly and desirably, what requirements are needed and what are the obstacles to fulfill this. What distinguishes this study from others is paying attention to the principles of participatory planning and bottom-up approach and using the literature of institutionalism and the kind of their attitude for presenting a perception of a process of desirable planning. Generally, what has caused this to be our concern is that despite a long history in the planning, planning system of Iran has less focused on the bottom-up manner or on the participation of community members to explain the planning and considered it centrally and in top-down pattern. Therefore, this research has presented a sort of participatory planning with its requirements and obstacles, with regard to the viewpoints of institutionalist to economic performance. Based on the indicators derived from these requirements, it is recommended that, in order to achieve the developmental goals of this research, this type of planning approach, which has a participatory and a bottom-up approach, should be used instead of the conventional and existing one.

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Author(s): 

SHAHRIARI MOHAMMADALI

Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    279-310
Measures: 
  • Citations: 

    0
  • Views: 

    1195
  • Downloads: 

    0
Abstract: 

New Iraq’ s political-security developments and its geopolitical changes, from 2003 onwards, resulted to the elevation of position of the Islamic Republic of Iran (IRI) in political-security areas of the Middle East, including Iraq itself, which was traditionally in America, Saudi Arabia and Israel sphere of influence. IRI has also used this opportunity to introduce its capacities, capabilities and values and has infiltrated so much in the Middle East. This is analysed to be to the disadvantage of Saudi Arabia. Riyadh in this game, is looking for ways to block Tehran's spiritual and political influence in the region. And acts on a series of measures to neutralize the regional power of IRI. In this field, Iraq is the first main battleground for competitive policies of Tehran and Riyadh. IRI and Saudi confrontation is such that their competitions in Iraq matched a algebraic outcome of zero principle. Saudi is Minimizing Player and IRI is the Maximizing Player in this battleground. The foreign policy of Saudi Arabia in the Middle East is based on preventing the influence of IRI. This article studies the relations between Iran and Saudi Arabia in Iraq according to the Moves theory in game theory.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    311-336
Measures: 
  • Citations: 

    0
  • Views: 

    883
  • Downloads: 

    0
Abstract: 

Iran as a developing country has used several programs and policies for poverty reduction, but continuation of problem of poverty proves failure of these programs. Studies show that priority and focuse of these programs were on income distribution and redistribution. Hence, in this study, we examine and analyze a method that reduces poverty through productivity improvement. For this purpose, first a theoretical framework based on literature review has been introduced and then a model estimated by using panel data approach. The result of this study shows a negative relationship between labor productivity and relative poverty, so for this reason we can expect that, more focus on labor productivity improvement, has significant impact on reduction of relative poverty.

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Author(s): 

NOURANI MOGHADDAM SEYYED YOUNES | HAJI AZIZI BIJAN | eivazi MOHAMMAD JAVAD

Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    337-362
Measures: 
  • Citations: 

    0
  • Views: 

    1113
  • Downloads: 

    0
Abstract: 

Performance the exact undertaking, contractual responsibility and the right to terminate are the main tools that legal systems have provided when violation of performance of contractual obligations to protect the rights of the contractual creditor and compensation for nonperformance of contract effects. These tools in English law are called remedies for breach of contract and in Iranian law called sanctions for nonperformance of contract that creditor may apply for them individually or cumulatively. The ability to cumulate sanctions is not expressly mentioned in Emameih Fiqh and Iranian law and it is rejected in section 2 of Iranian Protection of Consumers Rights Act 2009, but in other legal systems, especially English law subject to compatibility and not resulting in double recovery is explicitly accepted. This can be justified according to Iranian legal & figh basis & section 386 of the Civil Code and sections 6 and 8 of Pre-Sale Building Act 2011.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    24
  • Issue: 

    92
  • Pages: 

    363-404
Measures: 
  • Citations: 

    0
  • Views: 

    748
  • Downloads: 

    0
Abstract: 

In Keynesian viewpoint, the relation between current account with national saving and investment and also financial deficit of government is calculatable from fundamental relation with GDP in an open economy. Meaning that the difference between National savings and investments is equal to the country's trade surplus. With the separation of the amounts of national investments and savings in sectoral levels, using account of current funds, evaluating the scale of participating of any of the important economic sections in causing surplus/deficit in commercial balance will be possible. Using Iran's flow of funds accounts, we found that during 1972-2013, Iran's average annual current account to GDP Ratio is %+2. 7(surplus) which is the summation of %-1. 4(deficit) in government net borrowing to GDP, +%3. 7 and %+0. 4 (surplus) in household and financial sectors net lending, respectively. We also determine the main determinants of Iranian current account using DSGE model in which all shocks are separated in two categories: domestic shocks (including monetary, fiscal and productivity shocks) and foreign shocks (including oil price shock, foreign demand and inflation shocks). After the Model parameters are estimated by Bayesian estimation using 1990-2014 Iran quarterly data. The results show that the foreign shocks explain more than 50 percent of current account variance in all temporal horizons. Oil price and global inflation shocks are two main deriver of current account in this category of shocks. Fiscal shocks is also the main determinant of current account movements in domestic shocks category which is in line with our finding in flow of funds account analysis. Altogether, the foreign shocks effect on current account is more persistent than domestic shocks.

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