JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)
Year:2018 | Volume:2 | Issue:6 |Papers Count:25

Citizens' participation in neighborhood security and crime prevention, in addition to lowering government spending, will increase the citizen's engagement with neighborhood policing. The vital issues of the advancement of the police, combined with the need for a change in the general principles and method of service (neighborhood policing), the evolution of tools and means of doing business (technology) and changes in society's expectations of police performance (the need for professionalism and accountability), new criteria Police analyzes, plans and decides. Along with the changes in the communities, the organizations responsible for order and security have undergone fundamental changes in philosophy, goal, strategy, tactics, and structure since the early genesis of these organizations. This issue is more important in the police force in order to have the most interaction with people and other social institutions. In this paper, we are going to explore the role of neighborhood police in crime prevention through a descriptive-analytical method.

Today's discussion of information technology and communications, which is a clear manifestation of this information exchange space (cyberspace), has paved the way for criminal scientists to address the misuse of the information exchange space.One of the most striking and striking phenomena of the twenty-first century is the emergence of cyberspace or virtual space, with abusive abuses leading to predictions of criminal measures in this area. But given the many problems facing criminal law, the policy of preventing these crimes is the most appropriate criminal policy measure. In the meantime, precautionary prevention is one of the most important and practical measures, but this prevention has limitations, including violations of human rights standards. The nature of cyberspace is such that it manifests as much freedom of speech and the free flow of information as possible, as well as with the facilities provided to provide a variety of secure communications, has somehow taken the step of protecting the privacy of individuals. But precautionary measures against cybercrime, in some cases, will undermine the rights of individuals. In this paper, it has been attempted to explain the challenges of these measures to human rights by explaining various types of cybercrime prevention measures.

One of the examples of civil liability could be considered to be damages, which is often discussed in the area of non-contractual liability. Given that the damages are from the functions of the hearing, in the laws of. D M Materials are dedicated to it. The procedure for dealing with damages with emphasis on the judicial procedure that we have assigned to our title is unobtrusive to anyone, because the processing of claims in judiciary requires a variety of costs that are, to a certain extent, the principle of being free. Judges in Islam are subject to debate that these costs can be debated in the form of damages. According to Article 515 of the Criminal Code. Ah D M Claiming the right to claim damages arising from the proceedings, including the costs of the proceedings and the right of the attorney, and the costs necessary to prove the dispute or defense, while filing the main application or proceeding, or independently of the defendant, and There is also a right for the defendant to claim damages if the claimant is unlawful. Approving Article 515 of the CG. Ah D M It is a follow-up to the precedent that is explored in this paper by exploring the progressive stance of the legislature and judicial process. In reviewing the judicial process from the judiciary, including the Supreme Court, the unanimity of the Supreme Court of the Supreme Court, the advisory opinions of the General Directorate for Legal Affairs and the drafting of the judiciary, and, finally, the judges' views, which are collectively known as the pillars of the judicial process of the country. It is concluded that the claim for damages in the court in which the main petition is raised, but if, after the issuance of the verdict is definitive and independently raised, it should be raised in the court of residence.

Mediation or, in other words, mediation and mediation is one way of resolving a dispute in which a third party, mediator, helps the parties to a dispute in reaching an agreement. Mediation may not result in mutual agreement between the parties and, if successful in reaching an agreement, its provisions are usually determined by the parties themselves. Parties to the dispute may be countries, organizations, groups, individuals or anyone else who will benefit from mediation. They should consider the mediator as a neutral person. Mediation applies to a variety of issues, including business, legal, diplomatic, work, and family issues. In mediation, unlike arbitration and expert assessment, third party consideration is unnecessary for the parties. It is also an intermediary to make it possible for the parties to negotiate and to find out the exact cases of disagreement and to reach the best possible solution. More mediation is useful in complex disputes that require unofficial dialogue between the parties. The speed and cost of mediation is less than the benefits of this method of resolving disputes over the process of arbitration and litigation in the judiciary. Now the issue of mediation status is discussed in the separate section. In the first section, "Criminal mediation and long-standing dispute resolution mechanism," and the second part, "Mediation in criminal cases," and in the third part, "The role of mediation in the litigation chapter and responding to violations of norms in texts." Islamic jurisprudence, and in the fourth section, the "Mediation troubles".

The principle of reduction of damages is that the victim of the breach of the contract is obligated to take the necessary measures to reduce or prevent the spread of damages caused by a breach of contract or another adverse reaction to it. The most appropriate rule that can justify the principle of coping in Islamic jurisprudence and, consequently, the rights of Iran, is the well-known jurisprudential rule of "lazarar and lazarar fi 'al-Islam"; with the explanation that if it is the duty of the person to deal with damages, Which is subject to damage, do not charge, the lack of this warrant and duty will be detrimental and, therefore, we will give judgment to this assignment. Although this rule has not been explicitly enacted in Iran's laws, it is admissible under reference to Article 167 of the Constitution by referring to jurisprudential texts. Also, the Iranian legislator, in some cases, has accepted this rule implicitly in legal texts. Therefore, this article seeks to find out that the points that are generally discussed in the jurisprudence of the Imamiyah, and are discussed in very narrow terms in the Iranian laws, and that lawyers and jurisprudents have generally not answered one issue in a similar way. Detailed, detailed, and cohesive, and to match the issues in order to help improve the quality of the content contained in the text of the Iranian laws that are vague and obscure and provide the necessary solutions.

The computer crime law passed in 2009 is one of the most complete laws in the field of computer and cybercrime. The law in Chapter 1: Offenses against the confidentiality of data and computer and telecommunications systems, including unauthorized access, unauthorized listening, computer spyware, in Chapter 2: Offenses against the integrity of data and computer systems and Telecommunications; computer forgery; destruction and disturbance of data or computer and telecommunication systems; Chapter 3: Computer theft and fraud in Chapter 4: Crimes against Chastity and General Ethics; Chapter 5: Hatters of Dignity and Publication Lies and in the seventh chapter other crimes are criminalized.

The statistics show that the age group of 15 to 24 years is more delinquent than the others, and since the majority of our population is made up of children and adolescents, this is important to be considered by the researchers. One of the most important issues in punishment for criminal children is the issue of puberty. Maturity is the end of childhood and the beginning of a new stage in human life. Therefore, it is necessary to examine its concept and characteristics in order to provide a proper standard for recognizing children and distinguishing them from adults. In the present article, while expressing the lexical, jurisprudential and lawful concepts of puberty, examined the distinction as the basis of responsibility and growth as the queen who enables a person to identify good and bad, ugly and beautiful and good and evil. Takes. Following the victory of the Islamic Revolution, the rules of criminal offenders and their criminal responsibility changed. In the above rules, a few basic points about the criminal responsibility of children in the area are being investigated. Firstly, the age of puberty and the ability to accept homework and legal responsibilities have changed completely. Secondly, the lack of responsibility of children is explicitly accepted as a principle. Thirdly, children are identified as being responsible for exceptional circumstances and for particular intellectual or cognitive reasons. In addition, under special circumstances, the child will be responsible for the child offenders.

Despite the many opposition to international law, physical punishments have been enforced in Iran's criminal law, but there have always been several reasons for the prohibition and impediments to the enforcement of such sentences in their international law, including the disproportionate nature of the punishment Their humiliation is contrary to the dignity and rights of this punishment. Therefore, the moderation of these penalties has always been taken into account by utilizing the principles and rules of law and jurisprudence, which we shall continue to consider. In general, it seems that there is a great deal of difference between human rights and international law in international law and criminal law, which requires the attention and reform of legislators and the implementation and reduction of cases of execution of physical punishment.

When countries resort to force to advance their goals, they rely on diplomatic principles or when these other principles are responsive to the relations of these countries, and governments use force to defend their interests or pursue their various ends. The war broke out and its detrimental effects on all areas of the hostile states. The war and the use of force in the international community has been one of the main destructive factors among the members of the international community and has prevented peaceful living. The governments of each other will be together and will need peace and tranquility, which is one of the inherent needs A human being is at risk. The war is divided according to the area in which it is called, ground warfare, air warfare or maritime warfare, in all these wars, in accordance with humanitarian law principles, but must be respected. What we are looking for in this essay is primarily aerial wars that are briefly outlined, but the main problem is the governments that have neutral positions during the air strides, and should focus on the fact that neutral states throughout What are the salaries and duties of air battles that must be observed? Often, any country when faced with a copper conflict It is up to you to choose between a company or a lack of participation in that conflict, that is, between war and impartiality.

Given the widespread protests and protests in 2010 in some Middle Eastern African and Arab countries, such as Tunisia, Egypt and Libya, the process quickly spread to the neighboring country of the Islamic Republic of Iran, Syria. Since the Syrian state has a special geopolitical position and is in the center of resistance, as well as the point of connecting and connecting Iran with Lebanon's Hezbollah, the developments of this country have been highly regarded by the policy makers of the Islamic Republic of Iran and caused a change The attitude and change of Iran's foreign policy in the region and Syria. Since the Syrian people are of particular importance in the region and the point of connection between the countries of the Middle East to Turkey and Europe, the developments of this country are considered by the Western and Arab countries, and this country has become a political destination of the affected countries of the region and contradict Iran's interests came from neighboring countries such as Saudi Arabia, Qatar, and Turkey, which has been deteriorating, and in fact the developments in Syria have become a war of protest of the hostile states of the region and the United States against the economic, political and national security interests of the Republic Islamic Republic of Iran.

Women, who make up half of the social fabric, share their roles in the family, especially the maternal role, which has the greatest impact on the formation of a healthy family. He has a key role to play in the calm and education of today's sons and daughters and mothers of tomorrow; social deviations, especially women's deviations, threaten the health and safety of the society, psycho-social and even political-economic. The community must, for its survival and sustainability, take appropriate measures to prevent the deviance of women offenders and measures to rehabilitate them, and this is not possible except through a thorough understanding of the underlying factors and intensifying the tendency to deviate. Therefore, in order to prevent the occurrence of a crime caused by disrupting the order by individuals, rules and regulations governing their relations are necessary and they are obliged to observe it and, in case of non-observance, the offender is known, and with the guarantee of certain performances in The format of punishment and measures to be met. In this regard, it is important to examine the status of women who are considered as criminal offenders for not observing the rights of others and carrying out antisocial acts.

In the formation of medical law, two factors of morality and religion play a significant role. Two forces that undoubtedly must be among the constructive forces of rights; a force that is always efficient and powerful, and sometimes overcomes all other factors. There are also many existing legal rules that relate to ethical and religious principles more than economic factors. Medical liability is the legal, legal, or criminal liability of a physician or healthcare provider towards a patient or receiving a health care provider in relation to any shortcomings and errors, whether deliberate and inadequate in treatment or treatment, and the disclosure of secrets and information Patient medicine. In this essay, the definition of responsibility and the review of the development of medical law in general have been discussed. Then, we will address the nature and the nature of medical responsibility and its types as a fundamental and important topic in the field of medical law. The relationship between ethics and medical law, as well as jurisprudence and medical law is mentioned, and in the last section in two sections, we discuss the scope of the laws in The field of medicine and its basis have been expressed in two ancient and contemporary periods in Iran, and finally we will conclude with the general conclusion of this research and article.

At first, what appears to be accepted in this law is contractual liability. In fact, the supplier pledges to the buyer to sell any vehicle with a guarantee that any defects in the car or resulting from normal use of the vehicle will be compensated for any losses incurred by the consumer and third parties. This opinion In the case of the first buyer who is directly in contact with the supplier, it is almost impossible to invoke contractual liability rules in the assumption that the seller is not a party to the transaction and is solely a consumer of defective goods or a third party who has been damaged by the fault of the goods. And the liability of civil liability is subject to proof of the supplier's fault (droid).

Critical topics are a criminal offense with child offenders. Due to the importance of the age of childhood and adolescence and the impact that this period has on the child's future character, and also on the fact that the child and adolescent with adults are physically and There are differences in mental health, the criminal system's response to the peril of this stratum is very important. Determining the age of his childhood, his punishment and criminal responsibility in the community, as in other laws of the country, is extracted from the sacred religion. But due to the requirements of the time and of course the fatwas of the jurists, there has been a change in the regulations reflected in the new provisions of the Islamic Penal Code. With these changes, in addition to the principle of the four constitutional principles that "all civil laws, civil, financial, economic, administrative, cultural, military, political, etc. should be based on Islamic principles", the provisions of the Convention on the Rights of the Child The child, which is approved by the parliament in accordance with domestic law, and the requirements and necessities of time are also considered.

The ruling on the sanction and discipline of children is not in conflict with the hadith and the lack of criminal liability for them. In other words, since the criminal law of Islam, the rational system and the deliberate policy, has chosen a middle ground in relation to delinquent children; no children have been exempted from any liability in the general sense, nor have they been held accountable to adults But to determine the extent of criminal responsibility in this comprehensive legal system, taking into account the physical and psychological conditions of children and the degree to which they are formed in a clean way. Therefore, the Islamic religion in its criminal law, considering the importance of the problem of child crime and their correction in the future of the individual and society, is considered necessary for the adoption of some security and educational measures and even the implementation of some maltreatment punishments and measures. He has ordered some disciplines and punishments such as blaming, rebuking, beatings and ... ordering them. In addition, in Imamieh jurisprudence, Majnoon has no responsibility and responsibility, this reason is that the limit in the traditions does not contain ta'zir, and the narrations which make it necessary to consider the expediency of performing Ta'zir is binding on this narrative. As a result, the second judgment is the fall of the uniquely narrow circle, there is no other reason for this issue, so ta'zir is suppressed with madness.

The right to property is the natural right of human beings on the stage of social life, in other words, the provider of his innate freedom. It is the duty of governments and governments to hang this right at all ages and times and establish laws that protect this right. In Iran, given the religious aspect, this right has a very high status, but most of the states need to own land and lands of private individuals in order to advance their general goals. The Ministry of Oil, which is an institution with general purpose, uses this principle. No exceptions. Therefore, there may be conflicts with the property rights of the people through the acquisition and possession of land by the state. There are important rules on the rights of the land and the privacy of the oil and gas industry, including the statutes of the National Iranian Oil Company of 1356, as well as the bill on the purchase and possession of land approved in 1358. The difference in the view of the legislator in these two laws has led to significant contradictions and conflicts in land tenure due to the timing and the difference in attitude. A careful examination of the property, its dimensions and foundations as the basis for this issue, and the expression of conflicts and contradictions in the above-mentioned laws, as well as the provision of suggestions and solutions, can be a major step towards solving the existing ambiguities and producing modern knowledge in the law of land cultivation Be

The episode should be a combination of communication and information. The era in which human beings need more than ever to have information and communicate for information purposes. Nowadays, with the use of various information and communication technologies, it is possible to quickly communicate and quickly exchange information more quickly. People can get their latest information in every area wherever they are. But undoubtedly, the greatest impact of the emergence of information and communication technologies has been on the educational environment. The application of information and communication technology in education has led the learning environment to move towards virtualization. This will allow communication between individuals to be developed in order to educate and expand knowledge more easily through computers. With the advent and expansion of the Internet, this medium was used as a complement to meet the needs of information and education. Given the role that libraries need to play in teaching, it's evident that with more advanced facilities, they provide much more richer information resources than the past and provide them with training. Providing web sites and databases-libraries to a virtual and digital environment for the exchange of information, whose educational role is increasingly evident in this environment.

The acquisition is one of the most common proofs of ownership, especially in the possession of movable property, most of which are transacted with trades, and the customization of the document is not customary. But we know that the degree of credibility of the municipality is less than other reasons, and in the event of conflict with other proofs, such as confession, document and testimony, there is no resistance and the government is reason. That is why the legislator stated in Article 35 of the Civil Code, after assuming possession as ownership, unless otherwise agreed. In order not to create the impression that the validity of this legal assumption is as proven as other proofs. This is obvious and proven when it comes to the provisions of the term and other arguments of unity of time, but sometimes this unity does not exist. In the assumption of our case, the reason is the former ownership and the property is seized to the present property. This is where doubts are formed and different opinions are expressed. A large number of scholars of law are of the opinion that civil law also accepts this principle - the ownership of the former property can not conflict with the title, and the present occupation is preceded by a small group of Law scholars including Dr. Katouzian believe that seizure is a matter of ownership, with no history of ownership. In the case of which the former owner is certain, the present patron can not invoke his capture against him. In this case, the landlord must prove that the property has been transferred to him by one of the legal entities (Katouzian, 2007, p. 201 We will review and review them further.

A person with mental disorder, as a normal citizen on the one hand and as a person who may be a criminal, has been targeted by criminal lawmakers. In the expression of the Iranian legislator, the guilty people and those who disobey al- Mashair who commit crimes are regarded as guilty, but irresponsible. Iran's policy of criminal penalties for those who have a mental illness that can be described as dangerous in the sense described in Iran's penal code is ambiguous. What is to come from examining the manner in which Iranian criminal lawmakers deal with people with serious psychiatric disorders are that they have not been coherent, efficient, and in line with scientific facts and their basic needs, and only in several articles, including Articles 51 and 52 The Outlawed Islamic Penal Code of 1370 and Articles 1 and 4 of the Outlawed Laws of the Enforcement Measures in 1339 and Articles 95, 289, and 291 of the Code of Civil Procedure of the Public and Revolutionary Courts in Criminal Law, 1999 and Articles 149 and 150 of the Islamic Penal Code, approved in 1392, and Article 13 of the Law The Code of Criminal Procedure, 1392, contains a number of procedural, ambiguous and non-academic texts on this subject. Of patients. Therefore, studying Iran's criminal law legislature approach to this group of patients and criticizing it is essential for updating Iran's criminal policy. Some of the psychiatric disorders that are considered in this category include: psychotic disorders (schizophrenia disorder, schizophrenia disorder, schizophrenic disorder, delusional disorder, short term psychotic disorder, common psychotic disorder, psychotic disorder caused by the disease) Physical, psychotic disorder and psychotic disorders, not otherwise specified), mental retardation, epileptic patients, delirium states, dementia, substance-related disorders, etc.

Sexual harassment is a debate that has been considered today in many countries because the victims of these types of crimes are often children and women, especially those working in social settings. The law of Iran does not provide a detailed definition of sexual harassment and its implications. In this study, which uses a method of analysis and description with a library tool with a snippet pattern, is it tried to answer the question of how to deal with sexual harassment? Coming to law and trying to find examples, the general nature of the law, and sometimes the ambiguity, conciseness, conflict or silence of the law, require the necessity of interpretation. The Islamic Penal Code and the Criminal Procedure Code are also free from the above They are not Finally, we will give you conclusions and suggestions.

The accused and his rights have always been one of the most important issues related to the criminal procedure, which has become known today and is one of the most important components of individual rights and freedoms in societies. In the forthcoming article, these rights and guarantees in the new law are discussed and the weaknesses and strengths of the new law in this area. The need to observe the principle of a just and fair trial requires that the defendant's rights in the trial process Penalties should be complied with and thereafter be imposed on the defendants and judicial authorities in order not to override the rights of the accused with the tangible interpretations. In line with this necessity, the legislator, in approving the new criminal procedure law, will pay more attention to the defendant's defense rights, and the new law has positive developments and innovations, including the explicit and transparent acceptance of the right of silence to the accused As one of his defending rights, the acceptance of the right to contact the accused with his family and his right, the right to have a lawyer and the right to the accused from the very beginning of his observation, and ... pointed out that important and positive steps in line with observance Defending rights are considered accused.

From the Islamic point of view, it is a proper, sound and worthwhile legal system of human life that has a divine foundation, and since God - the creator of the human person himself picks up, he is able to correctly align the rules and regulations with the requirements And since natural laws are invariable, we will also be subject to fixed rules in the field of legalized inspirational law. There is no doubt that Islamic International Law was the meaning of the general rules governing the international relations of a Muslim country, mainly during the ten-year period of the political life of the Prophet of Islam in Medina. The first Islamic state was formed with the emigration of the Prophet (peace be upon him and his family) to Medina. Prophet Muhammad proclaimed the population of his government with the treaty of Medina Muslims and Jews were the primary members of the population. By conquering Mecca some other lands and Muslims becoming Muslims of those lands, the Muslim population of the Islamic State increased and by the rebirth of the Surah and the proclamation of a treaty signing a treaty in the Islamic State In addition to the Medina Jews, other people from the book also included. In this way, the establishment of the Islamic State in Medina was also created by the entity of nationality. This citizenship was based on one of two criteria of faith or pact. Therefore, one of the bases for dividing political and intellectual currents into the Qur'an is the belief and unbelief of individuals and factions and political and political factions. Therefore, the jurists mention countries as "dare" in terms of their position against Islam, and they identify each and every one as their people have ideologically and politically elected. In identifying countries, Islam also focuses on three major areas: a legitimate and legitimate power that is based on the criteria of Islam, the legitimate power is legitimate, but the rule of law, even lawfully, does not even have the same legitimate legitimacy, and only Due to the urgent need to identify the country concerned. Of course, the need for identification from the viewpoint of Islam and contemporary is also different, because in Islam, identification is continued until the necessity is resolved, while in the interest of the contemporary nations, even this identification will develop and continue.

The rule of thumb in transactions is that the works of the contract appear immediately after the conclusion of the contract, and neither party can easily distort or distort the right arising from the contract made for the other party in relation to the transaction, To be However, in the law, it has been foreseen that in order to prevent harmful or otherwise unconventional and, in the exceptional case of a dissolution, the situation is reinstated, including the condition of cucumbers. The cucumber is a condition that, in terms of importance and role in life, contracts and deals, has become the subject of increasing attention to the sacred laws and regulations of Islamic countries, including Imamiyya jurisprudence and Iranian civil law. The issue of cucumber is a condition that can be applied and at least verifiable in Islamic contract. In other words, the condition of cucumbers can be considered in terms of the possibility of the condition of cucumber in the yakayah, the possibility of the presence of cucumbers in the contract and the possibility of having the condition of cucumbers in the necessary contract.

Secondary victimization is a concept that is close to the indirect victim on the one hand and what is happening in the secondary victimology, and on the other hand, it is the victim of a judicial proceeding. Local community participation as a new approach to the School of Restorative Justice is trying to explain the preventive social strategy for secondary victimization by means of collaborative crime policies. Civic participation in the prevention of secondary victimization will help to repair the victim and change the situation of the victim and the offender. Participation in civil society and collaborative criminal justice has many examples. Fundamentally, in preventing secondary crime, it is expected that all community institutions will work together and provide support, economic, medical, emotional, educational, educational, and so on. But the concept of civil society participation is considered to be part of a cooperative criminal policy, and most of all it means that the meaning of civil society is people and they will be more effective in preventing secondary victimization. This research explains the role of civic participation status in preventing secondary victimization, and the role, nature, and evaluation of the status of civil participation.