Medical Law
Year:2021 | Volume:15 | Issue:Special Issue on Legal Innovation|Papers Count:29

Background and Aim: The jurisdiction of the International Courts, including the International Court of Justice, to enforce regulations on the peaceful settlement of disputes, through existing definitions, necessitates the existence of a dispute. Identifying a "legal dispute" does not depend solely on the subject matter of the litigation submitted to the court, nor does it rely solely on the subjective purpose of the States concerned, but rather on a purely technical process involving both the court and the parties to the dispute. 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. Results: The standard purpose of a dispute, whether with the former or the new approach of the Court, is to protect the judicial performance of the Court. Determining whether there is a difference in the Court's transferable function, as noted in the Northern Cameroon case. Arguments made to deny the existence of a dispute, or in particular a legal dispute, have seldom been accepted. Therefore, objecting to jurisdiction based on the refusal of a dispute between the plaintiffs is not a promising and successful policy. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Looking at the Court's previous approach in some of the cases under consideration, the Court as to establish a dispute has rendered flexible and expansive interpretation, so that it has not even acted strictly in the application of formalities and procedure as well as to refer to real and material sources of the legal system. However, the new procedure is based on the method of establishing a dispute based on objective proof of the dispute.

Background and Aim: Criminalization can be considered as a contradiction of individual and social freedoms, but it is also important to keep in mind that the absolute freedom of man and unconditional enjoyment, and the condition of freedom will not result in anything but the violation of the rights of others and the disintegration of society. Therefore, in order to maintain the order and security of the society and the rights of its individuals, restrictions must be considered in the field of behavior of the individuals of the society, and in order to protect the inevitable freedom, a part of it must be restricted. 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. Results: The consequences of incorrect criminalization in a chain reaction have different consequences in the target society; Increasing the scope of criminalization reduces the social ugliness of crime. The decline in the social ugliness of crime is also directly related to the increasing incidence of crime. As the incidence of crime in society increases, so will the use of punishment. In the last stage, the effectiveness of punishments decreases. The consequences of incorrect criminalization also seem to challenge the elements of "rule of law" in practice, including transparency, legal conviction, and access to justice. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: In the process of correct criminalization, three important points must be considered: First, the general and fundamental principle in this regard is that no government should use criminal law to control behavior that can be effectively regulated by other disciplines. Second, the use of criminal law must be beneficial, in the sense that the benefit of using it outweighs any harm. In other words, the benefits of criminalizing the action must outweigh the costs. Third, the proportionality between crimes and punishments is a principle that failure to pay attention to can make all legislation ineffective in criminalizing the conduct of behavior to maintain order and norms in society. For punishment to have the desired effect, it suffices that the suffering resulting from it be greater than the benefit derived from the crime.

Background and Aim: Among the social manifestations of the current era that have spread the criminal phenomenon in society is the public conscience and its effectiveness on the criminal phenomenon and crime and punishment. Criminal law and the manifestation of crime and punishment are not safe from this area. In the areas of legislation, adjudication, and enforcement, public conscience policies have forced the legislature to criminalize conduct in some areas. As a result, the executive and judicial organs are also influenced by the concept of public conscience in order to exercise their powers. 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. Results: Populist criminal policy is based on daily events and crimes that hurt the public conscience as a cross-cutting criminal policy that cannot control the criminal phenomenon in the long run. Moreover, this kind of populist policy ignores the basic principles of legislation, which is the justice and interest of all. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: In fact, public feelings and conscience have certain characteristics such as being explosive, transient, irrational, etc.; These descriptions, in turn, have made populist criminal policy harsh, popular, dramatic, emotional, and lacking in theory and science. A look at the characteristics and procedures of populist criminal policy reveals that the elements of the rule of law are challenged in the face of this policy in the field of criminal law.

Background and Aim: The growing trend of population and lack of space in large cities justifies the existence of apartment living. Apartment construction has become an independent profession of some individuals and legal entities in the years after the Islamic Revolution due to population growth and consequently The increase in demand for housing and the high cost of urban land on the other hand forced builders to meet part of their financial needs by pre-selling some of their buildings. Also, the low purchasing power of applicants on the other hand encouraged them to pre-purchase. And the payment of installments paid off. All these factors went hand in hand to make the phenomenon of pre-sale and prepurchase of apartments common in large cities and spread is. Materials and Methods: This research has been written in a descriptiveanalytical manner. Results: The findings indicate that the law on pre-sale of buildings approved in 1389 with twenty-five articles and four notes has taken a big step towards the proper implementation of pre-sale of buildings in order to guarantee the rights of citizens. Ethical considerations: The present article has been written based on the principles of honesty and trustworthiness. Conclusion: Along with the construction process and the need for housing, the legislature also felt the need to legislate and enact laws compatible with the issue in order to regulate these contracts. Therefore, in 2010, a law called the Building Pre-Sale Law was enacted. It was approved by the Islamic Consultative Assembly, which regulated part of the existing relations between buyers and sellers. And the rights of citizens were guaranteed in this law.

Background and Aim: Differential criminal policy in criminology is one of the first manifestations of pluralism in criminal law systems. The purpose of this study is to investigate and apply differential criminal policy in the field of unintentional crimes causing diyat. 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. Results: He observed manifestations of differential criminal policy in the design and adoption of criminal laws, especially the new Islamic Penal Code. In recent laws, we can see examples of the legislator's differential approach in dealing with judicial authorities from the time of discovery to the execution of sentences for unintentional crimes causing diyat. However, it seems that the mentioned regulations do not have the necessary comprehensiveness and at present it is not possible to explicitly confirm the existence of a differential criminal policy in unintentional crimes causing diyat. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Looking at the world of law from the perspective of postmodernism and the complexity of the relations of the subjects of law has caused failure and refraction in the world of law; This means that traditional classifications cannot cover the current complex relationships of legal entities. The discriminatory criminal policy in relation to unintentional crimes causing diyat is no exception to this principle. From this perspective, a comprehensive and unified order for all areas of criminal law cannot be considered.

Background and Aim: In the laws of most countries of the world, education is free and public and is considered a fundamental right of citizens. According to jurists, the right to free and compulsory education for children is a generally accepted principle. 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. Results: Despite the fact that the constitution emphasizes free and easy education of students in schools, but despite the restrictive laws, the lack of necessary investigations, the duplicity in the speech and actions of officials responsible for education costs to the middle and poor. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Given the current situation in schools and the lack of adequate inspections in connection with taking money under various pretexts from parents of students in public schools, we are always moving away from the implementation of the thirtieth principle of the Constitution and the equality of education, which is one of the principles of the constitution and the welfare state, falls into a deep sleep and is forgotten.

Background and Aim: Non-governmental actors gradually began to play a role in international relations alongside governments. Various fields such as economics, trade, security, environment, etc. became an important field for the activities of non-governmental actors. One particular issue in this regard is the challenge of overseeing multinational corporations. 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. Results: The approach of developing host governments to the commitment of multinational corporations is to move towards flexible rules of international competence as well as to meet the needs of the international community. The current non-binding principles have the potential to assist the country of origin and multinational corporations in creating new customary commitments. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Given that countries of origin are able to influence the standards of cross-border multinational corporations; it does not seem appropriate to limit the responsibilities of these states to territorial jurisdiction. However, international law has not yet provided appropriate principles for evaluating the law of the country of origin in some areas. But the effects of these companies on the economic conditions of the country of origin and the host country, human rights conditions, workers' health and safety, the environment and consumer rights explain a more flexible eligibility goal.

Background and Aim: Islam is a religion that, in addition to its revelatory aspect, has based its rules and regulations on rationalism and has always emphasized and respected the power of human reason. Our aim in the present study is to validate the principle of persuasion of public opinion in the Islamic judicial system from the perspective of jurisprudential principles. 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. Results: In general, Islamic law, both at the stage of enactment and at the stage of implementation, is based on the protection of interests and the repulsion of corruption, and in this way, public opinion must be satisfied with both stages; Otherwise, public confidence in the Islamic judiciary will decline. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Demanding public opinion regarding the persuasiveness of judicial rulings and the procedure is not new and is not specific to our time, but has long been the focus of public attention, and society has usually resisted the acceptance of unjust votes. For this reason, the conduct of the Infallibles (AS) in the process of implementing the divine commands, both as a ruler and as an advisor to the rulers and judges, has always been based on convincing public opinion.

Background and Aim: Violence against women is an unpleasant phenomenon that occurs in various forms such as physical, psychological, social, economic, cultural and sexual violence, and addressing this issue is inevitable. Although the legislature has explained and legislated the provisions in the criminal law, it has not paid attention to it in the family protection law. 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. Results: The research findings showed that, firstly, in different legal regimes, there are common criteria for criminalizing family crimes. Second, in order for criminology to be effective, this process must be in harmony with the social, cultural, religious, and moral values and morals of individuals in society. Finally, in the field of the legitimacy of criminalizing violence against the wife, we can refer to jurisprudential principles such as verses and hadiths that explicitly condemn or prohibit violence against the wife. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: In the field of the legitimacy of criminalizing violence against the wife as one of the important crimes in the field of family, we can refer to valid jurisprudential principles; Verses from the Holy Quran as well as the narrations of the Infallibles (AS) have also confirmed the claim that they explicitly condemn violence against the wife and in some cases boycott it, and even in some cases such as the wife's qazf, the husband deserves the punishment of hade qazf. It is a kind of severe corporal punishment.

Background and Aim: Actuarial justice is closely related to modern criminology or risk-oriented criminal policy. This new approach has changed the etiology of crime by changing the attitude and foundation of traditional theories; If instead of analyzing the crime and the causes of its formation, which was welcomed in the former criminal theories and policies, from a managerial perspective, it evaluates and measures the risk of committing a crime and then enters the field of managing these risks. 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. Results: At first glance, it may seem that the legislature, under the influence of critical justice ideas, has taken a strict approach to determining punishment in general when it comes to combating the financing of terrorism and taking into account the risk of the type of crime. However, the results of the research show that the Law on Combating the Financing of Terrorism in 1394, with the changes and amendments that were made in 1397, has not absolutely applied a risk-based approach. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: The criminalization of terrorist financing, with its transparency, has been considered to some extent in the developments of the 1397 law and is in line with the approach of critical justice and criminal risk management, which is the same as the new penal strategies.

Background and Aim: Achieving civil rights is one of the most difficult and practical issues for political and social systems. Considering the effectiveness of the principle of accountability in the realization of citizenship rights, the present study addresses the issue of how the principle of accountability can affect the realization of citizenship rights? Materials and Methods: The method used in this study is descriptiveanalytical, which has been collected by using documentary and library sources, information needed to discuss the principle of accountability and citizenship rights. Results: The findings show that the principle of accountability is through transparency in political affairs, creating competition based on party ideas, freedom of action of civil society, freedom of criticism, decentralization of government activities and actions, transfer of power and Relationships are also based on trust in society, so that both the performance of citizens towards each other and the performance of political leaders towards the people are subject to the principle of responsibility. Ethical considerations: In writing the contents of the present article, the principles of referral and fidelity have been observed and it is considered a genuine research. Conclusion: The results show that the realization of citizenship rights requires change in terms of quantity and quality. On a small scale, reducing government power, decentralizing, empowering civil society, the existence of multiple parties and groups, as well as shifting the power of political and administrative officials can promote the principle of accountability and steer the political system in line with the real demands of citizens. But in the qualitative dimension, we need to build relationships based on trust between citizens (vertical trust) and relationships based on trust between citizens and rulers (horizontal trust). In addition, the principle of accountability, if there is proper education and cultural principles based on equality and freedom of citizenship, can lead to the realization of citizenship rights.

Background and Aim: One of the social problems of societies is the phenomenon of crime and delinquency that arises as a result of social problems such as poverty, unemployment, economic and social crises, changes in laws and social patterns, weakening of religious beliefs and the general imbalance in the social order. Among these, one of the factors and harms that lead to delinquency is drugs. 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. Results: With regard to the production and use of drugs, it should be noted that the use of these drugs is very closely related to the health status of the international community. This feature causes a lot of sensitivity to them in the legal field. The production and use of drugs directly threatens the right to health. The right to health is also considered as one of the examples of the right to life. On the other hand, the right to life is a general title in the international human rights system, which is a subset of fundamental human rights. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: States' obligation to ban the production and use of narcotics are described as "commanding" because of their close association with the "right to health" and the "right to life. " As a result, in the context of international responsibility law, it is possible for state to adopt a pattern of aggravated responsibility (or responsibility for breach of mandatory rules).

Background and Aim: Globalization is a procedure existing in different contexts of human life. Regarding the expansion of delinquency at the international level, globalization can be examined as a necessity in criminal sciences. Economic corruptions bring heavy costs for society so that, they are hard to discover and detect due to their complicated forms. Hence, a decisive criminal policy is required to cover such costs. The present study was conducted to examine criminal policy made by the Iranian legislature to remove corruption and economic crimes with an emphasis on new rules of Regulations and Instructions for investigating the Crimes of Disruptors in the Economic System approved in 2018 and amendments 2020 through a descriptive-analytical study. Materials and Methods: The extant paper was designed and written by using the descriptive-analytical method and bibliographic references. Results: Findings indicated the anticipated need for a differential approach to economic criminals in the new Islamic Penal Code 2013 and Directive of 2018. Although the term "economic crimes" has been used, there is no specific definition for economic crime. These crimes have not been taken into account clearly, so the law has not taken a decisive step to fight against economic corruption. However, Articles 47, 35, and 109 of the new Islamic Penal Code 2013 include unlimited examples of economic crimes that comprise the crimes listed under the note of Article 36 and the crime of fraud. Ethical considerations: This study was designed based on confidentiality and honesty principles. Conclusion: The legislature has adopted enemy criminal law to fight against moderate and macro crimes by taking strict penal measures to determine punishment, including the introduction of macroeconomic criminals, deprivation of moderate and macroeconomic offenders from suspending judgment rendering, and deprivation from prosecution prescription and penalty execution. In this case, the legislature has emphasized the confidence and certainty of punishment execution regarding criminal prevention of economic crime.

Background and Aim: The protection of agricultural and horticultural lands has an important role in preserving the environment and the continuation of human life, and their protection constitutes the protection of the environment and human life. The change of use of agricultural and horticultural lands is the result of the shortcomings of the existing laws and the inadequate implementation of these flawed laws by its implementers and the disregard for its importance and the opportunism of some profiteers. 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. Results: Adopting criminal measures to combat this phenomenon is one of the measures that legislators have resorted to. During the stage, the law considered the change of use of agricultural lands important and criminalized it; Such as the Law on the Development of Agricultural Centers approved in 1975 and the Law on Conservation of Agricultural Lands and Gardens approved in 1995. The last law enacted in this regard was the Law on Amending the Law on Preservation of the Use of Agricultural Lands and Gardens, approved in 2006, and its by-laws, which in Article 3 provide for the punishment of demolition and fines for perpetrators of this crime. There will also be imprisonment. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: It seems necessary for the legislator to take greater steps to deal with this phenomenon by removing the ambiguity of this law and determining more practical solutions and using prevention and culturebuilding methods.

Background and Aim: There are rules for determining the effects of a contract. These rules have been uniformly established in different countries and regions of the world with different legal systems. One of the most important examples of contracts is the litigation contract. The present article seeks to examine the economic contract while examining it. 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. Results: Litigation theory can be one of the tools used in legislative policy. The findings show that economics of law or economic analysis of law is from an economic perspective, this school is inspired by the consequentialist philosophy of justice and is considered a kind of scientific methodology, the logic of legal economics is the application of economic principles in the legal decision-making process. Contract economics also seeks contractual efficiency, allocation of transaction costs, combating contractual opportunism, and allocation of contractual risks with the aim of ensuring social welfare and efficient contract execution. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Economic analysis of the civil litigation process is based on litigation costs in order to increase the efficiency and quality of litigation and the rational optimization of litigation costs if an efficient litigation is one of the guarantees of civil justice.

Background and Aim: Providing public services is one of the main concerns of political systems. The form, manner of providing services and the extent of citizens' access to these services have a significant impact on the component of citizenship rights. This means that the existence of social institutions such as document registration can support civil rights and provide public services. The purpose of this study is to investigate the role of document registration in providing public services and protection of civil rights. Materials and Methods: The method of the present study was performed in the stage of data collection and analysis. In the information and data collection stage, library and documentary sources have been used, and in the information analysis stage, the issue has been addressed in a qualitative and argumentative manner. Results: The research findings show that the registry offices are among the public services that protect the economic and social information of citizens, prevent inequality and injustice in society, as well as from a positive perspective by providing the necessary information to record data and information. Providing e-services to citizens and supporting the rule of law and achieving a desirable society play an important role in improving citizenship rights. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: An important part of citizenship rights is focused on providing services that, in terms of time and place, as well as providing up-to-date information, requires the existence of social institutions and institutions such as registries. In this regard, the registry offices prevent the occurrence of conflicting transactions, regulate the lives of citizens in accordance with the law, and provide economic information to the government and citizens to establish justice and the rule of law.

Background and Aim: One of the most challenging and controversial issues in relating to the will is the difficulty with recognizing the factors imposing suspension on the will. The present paper deals with giving credence to a testamentary disposition by heirs and heiresses. Materials and Methods: This descriptive-analytical research was done using documentary and library studies. Results: A will is a type of possession that a person leaves before their death. When it comes to a testamentary disposition, after affirmation of the testator, the exact recognition of the nature of the pre-deceased beneficiaries' acceptance will have many effects. If acceptance of succession is considered as a part or fundamental of a will to the extent that the will is invalid without it, then the testamentary disposition is thought of as a contract that the Islamic jurists largely concur with it. Nevertheless, when acceptance of succession is invalid or the will is regarded as one of the irresistible factors of the transfer, the will is possessory. In such cases, having good morals relating to giving credence to such a will is of importance. Ethical considerations: Confidentiality and trustworthiness have been carefully observed throughout this paper. Conclusion: Islamic jurists suggest that a will shall not be valid for a heir except when it is approved by other heirs. When it comes to the nature of the testamentary disposition more than one third of the estate, most jurists have regarded it as a will bequeathed by the testator which its acceptance needs the consent of other heirs. With regard to the time of ratification, most jurists believe that admitting or denying a will is only possible after the death of the testator, and so the rejection or acceptance of the will by the heirs during the testator's life has no jurisprudential or legal value. Therefore, morality requires that the heirs give credence to a will after the testator's death by approving of what the deceased has bequeathed.

Background and Aim: Since children need a lot of support to respect their interests and rights, Islamic jurisprudence and law is expedient in various issues and has considered the envy of children. And the legislature sets the rules to take into account the different circumstances and situations of the child. The purpose of this article is to explain the strategies for observing the envy and interest of the child during custody. Materials and Methods: This descriptive-analytical article has been prepared by using documentary method and filing tool. Results: The findings indicate that; Expediency is a powerful tool that can be used to the benefit of the child by observing jurisprudential and intellectual standards. The importance of this issue is evident in the adaptation of dynamic Shiite jurisprudence to the new conditions of society. Adulthood has criteria and symptoms that are considered a child until these symptoms and criteria are met. And needs support, and in some cases, especially in finances, the jealousy and best interests of the child should be considered by his or her guardians. Ethical considerations: From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness. Conclusion: Guardianship of children is a very important issue that has long been discussed and studied by jurists and jurists. In this regard, the Family Protection Law approved in 2012 in order to protect children, has enacted new laws that in order to protect the child, the observance of envy, expediency and benefit is the criterion. The new attitude of the law has caused all issues related to custody and custody, including the right to visit, agreements on custody, transfer of the child to another city, etc., to be the basis for court decisions based on the best interests of the child.

Background and Aim: The silence of the law in different areas of the legal system, and especially in the context of emerging issues, is obvious. In the field of civil law, due to the principle of the rule of will and the possibility of agreement of the parties to the dispute, the silence of the law creates less problems for judges than other areas where the possibility of agreement of will is more limited. One of the spaces in which the silence of the law poses a great challenge to the dispute resolution authorities is the will. 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. Results: Despite the fact that a long time has passed since the enactment of the Civil Code, and at the time of the drafting of this law, its designers have specifically considered the rules and regulations of jurisprudence. But in many cases, the legislature has taken a position of silence on the incapacity, justice and betrayal of the guardian. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: In written law family systems, there are two main approaches to law making: The French approach in which the text of the law is designed in detail and with popular literature; The second is the German approach in which the text of the law is technically and concisely designed and approved. In the context of the subject of the present study, it seems that the legislator, considering the rich jurisprudential literature, has chosen a combination of the above two approaches. In other words, the Iranian legislator has a short and popular literature in this field. As a result, in order to eliminate the cases of silence of the legislator, appropriate jurisprudential and legal solutions can be provided separately.

Background and Aim: In recent decades, following globalization and political and economic developments, the increase in crime rates, especially terrorist and violent crimes, especially after the events of September 11, 2001 in the United States and the subsequent emergence of fear of crime, the need for security in societies Has become fundamental and has led criminologists to step out of their original origin, which is the rehabilitation and correction of the offender; To serve security goals more than ever. In this regard, security criminology, by distancing itself from the criminal-oriented views towards crime-oriented, has strict and security-oriented policies, and by considering the risk management of the crime and the dangerous state of the offender, depriving them of the power of crime and neutralizing them. Emphasizes perpetrators through strictness and severity of action without condoning, justifying access to maximum security and overcoming feelings of insecurity. 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. Results: Influenced by the security-oriented ideology, criminal law has shifted from justice-oriented criminal law to security-oriented criminal law in some cases. Assuming that the criminals are considered enemies, it has been instrumental in the formation of a kind of criminal law of the enemy and has faced the criminal policy of countries with repressive and aggressive punishments in the field of criminal prevention. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: In this view, criminal law has become a tool in the hands of governments to ensure maximum security, and these developments in criminology have led to the social prevention of crime to give way to securityoriented prevention, which is situational prevention. It seems that security criminology, with its instrumentalistic view of human beings, has faced many human rights problems and challenges under the pretext of providing security and fighting crime, under the pretext of providing security and fighting crime.

Background and Aim: The transfer of punishment to the private sector has been repeatedly criticized. Nevertheless, private sector involvement in alternatives to imprisonment or social punishment is on the rise. In the United States, private sector participation in this group of punishments is very significant. In Iranian law, however, this approach is heavily criticized. Nevertheless, the tendency towards this approach can be considered in line with some ideas in criminal law and some regulations. Examining the context of implementing private sector involvement in social penalties first requires addressing the examples of social penalties in the law of different countries, which in this study is the main focus of the American legal system. In the next step, we have tried to examine the implementation contexts of this approach in Iran. 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. Results: The findings of the present study show that outsourcing the implementation of some correctional responses to private institutions can have many benefits. Among them, the use of specialized and efficient forces of the private sector in order to increase the efficiency and effectiveness of punishment is a means to achieve the goals of participatory policy and reduce the inflation of the judicial system in the execution of punishments. Consequently, a valuable step can be taken towards the goals of social punishment. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Assigning some of the punishments to the private sector, due to the prevailing interest-based perspective in this sector, can lead to challenges such as lack of justice, profiteering of convicts and exerting more pressure than the offender deserves. But on the other hand, by making a few changes and improvements, in addition to eliminating the disadvantages of this system, its benefits can be used. For example, increasing the strength of the oversight system, transparency and openness in how to execute case and specific punishments and examining the shortcomings and shortcomings in certain time periods, can address these challenges. In Iran, due to the infancy of this approach, it is necessary to further study its various dimensions, as well as to cover legal gaps in this field.

Background and Aim: Criminalization is one of the tools and mechanisms of criminal policy in any country in dealing with crime and social deviations. In the case of crimes that have many instances in society, such as the crime of forgery, if criminalization is not done based on appropriate, reasonable, logical and sound policies, not only will it not have the desired consequences, but it will cause many social problems. 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. Results: Iran's legislative crime policy does not have a uniform process and suffers from a kind of disorder, deviation and lack of coherence, which is the biggest and at the same time the most important criticism that can be made about this issue in Iran. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Overall, the evaluation of the existing legislative policy in this area shows that there is no coherent discipline in the criminalization of forgery and the goals and values of the legislature are not clear. In addition, there are ambiguities in the legislative criminal policy approach to forgery.

Background and Aim: The basis of law should be sought in public law. Because basically "legal system" and any "legal order" have meaning in the field of political authority, and the concept of "guarantee of implementation" as a boundary between moral norms and legal norms, relies on the Cairo power of political power. As a result, wherever traces of political power are found, that area must be defined as the realm of public law. Unfortunately, there are obstacles in the development of public law, which in this article has tried to address this issue by emphasizing educational barriers. Our goal in this article is to identify obstacles to the development of public law and provide solutions in this regard. Materials and Methods: This descriptive-analytical article has been prepared by using documentary method and filing tool. Results: Scientific findings indicate that the path of sustainable social change is through the "education" of human resources, as developed countries have considered "education" as the most important national action on the path of development. Therefore, according to the author, the development of public law also depends on improving the level of public law education and there is a significant relationship between education and development of public law. Ethical considerations: From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness. Conclusion: Among the results of this study, we can briefly point to the existence of numerous harms in the planning of public law education in Iranian higher education centers and the need to review and reform the mechanisms governing it on the one hand and reform local culture and produce local-historical theories. In order to develop public rights in Iran, on the other hand, he pointed out.

Background and Aim: The municipality, as a public non-governmental legal entity, in order to perform its legal duties and services and provide services to citizens, may cause damages that the rules and rules of establishing civil liability are shared with other natural or legal persons. But what is the subject of this article is the study of the legal basis for holding the municipality responsible for failure to perform duties and tasks (omission) that the law imposes on the municipality and the extent of its responsibility and how to compensate as a public non-governmental organization. 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. Results: Although Article 11 of the Civil Liability Law stipulates the conditions for fulfilling the responsibilities of municipal employees and their affiliated institutions and the extent of their guarantees, the main concern is to determine how and to what extent municipal responsibilities arise from leaving duties and responsibilities. Which causes damage to persons intentionally or accidentally. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Regarding damages resulting from the exercise of sovereignty, if there are two conditions, public law entities will be exempt from compensation and payment of damages. The first is that public law persons should be in a position to exercise sovereignty, and the second is that the act should be performed as necessary and in accordance with the law to ensure social benefits.

Background and Aim: Sanctions in international law are a set of coercive measures aimed at forcing governments, international actors or Individuals not committed to the norms of international law or to follow the wishes and policies of the institution that imposes sanction. The purpose of this study is to show the consequences of international sanctions on the environment. Considering the importance of environmental protection and its integrity, the commitments of various countries and international organizations in the preservation and reconstruction of the environment, as well as the fundamental human rights recognized in international instruments and taking account of the environmental implications of sanctions; Measure their compatibility with these obligations and fundamental rights. Materials and Methods: This Research is of Theoretical Type, the Research Method is Descriptive-Analytical, the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles. Findings: Imposition of sanctions on Iran has negative consequences for the environment, such as reducing government foreign exchange earnings due to restrictions on oil sales, transfer of knowledge and technology, gasoline imports, disrupting the educational process of Iranian students abroad and. .; In such a way that the environment is out of the priorities of the government and the people. Ethical considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed. Conclusion: Since sanctions impose collective punishment and pressure on an entire society, it is inconsistent with the accepted principles and obligations mentioned in international instruments.

Background and Aim: One of the causes of disruption in human societies is crime, which has always endangered the life-economicpolitical-cultural security of human beings and society and governments. Communities' response to this phenomenon is primarily through the use of coercive legal methods and tools, resorting to criminal institutions. 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. Results: Incorrect methods to deal with crime are also common among criminal agents such as judges and law enforcement agencies. These incorrect methods contradict the two issues of public order and individual rights. However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

Background and Aim: Dowry is one of the rights reserved for the wife. This right is such that can be waivered by wife to the husband and can be done in different ways, the present research studies the jurisprudential and legal nature of waiver of Dowry. The question is what the attitude of jurisprudence and law towards the waiver of Dowry is? Materials and Methods: This research’ s approach is descriptive-analytical and tries to extract and analyze the jurisprudential and legal nature of the waiver of Dowry in a qualitative way Results: A woman is one of the members of the smallest social unit, which is the family. In the law, Dowry is considered as a protection for her. The wife can waive this right for any reason. waiver of Dowry is in the form of various forms such as: gift, forgiveness, peace, unilateral obligation, which has consequences. Among those consequences are: the husband's exemption from payment of Dowry, the lack of right of imprisonment for the wife. Ethical considerations: In all the writings of the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed. Conclusion: Therefore, the legal nature of waiver of dowry should be weighed against the intention, will and purpose that the woman uses to waiver it. Explaining that if the dowry was waivered for the purpose of a gift, the nature of the contract would be a gift, if it was with the intention of acquittal, its nature would be unilateral obligation. If it is done with the intention of peace, it will be the nature of a peace contract.

Background and Aim: Soil and water protection is one of the most important environmental issues. This needs more attention in the current situation in Iran than ever before. Water scarcity and at the same time soil erosion and pollution have gradually become important challenges in Iranian society. Legal support is an important issue in this regard that needs to be clarified and analyzed. In this article, the researcher seeks to investigate crimes threatening public health related to water and soil; What approach the legislator has taken to protect and preserve the soil and how existing laws can be enforced. Materials and Methods: The mentioned article is descriptive-analytical and using the library method, the mentioned subject has been studied and data collection has been done by referring to documents, books and articles. Results: Criminal law provides for criminalization of soil and water pollution, theft and unauthorized exploitation of water and soil smuggling, and destruction of waterways, and penalties such as imprisonment, fines, flogging, revocation of licenses, and blockage of wells. Since institutions, companies and government and public units are the main causes of soil and water pollution, it is necessary to have more judicial seriousness in dealing with these factors. Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed. Conclusion: Supporting new technologies in the field of water resources management, dealing decisively and firmly with violators and criminals in the field of water resources, cultivating and educating the people and related executive bodies to institutionalize the protection of water resources, creating mandatory restrictions on excessive water consumption during Periods of shortage, continuous monitoring of relevant officials and informing and educating farmers and owners of industries and culture in this regard, increasing the price of water, especially in the field of household consumption and such measures, are much needed.

Background and Aim: Legal security is the principle that generates the systematization and stability of the legal order and guarantees human rights and social security. Today, the impact of this idea, namely legal security, has become widespread and has become the inspiration for the entire legal system. From this perspective, the purpose of this article is to investigate the issues of legal and psychological security of the buyer in good faith. 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. Results: The findings of the present study show that various principles such as commitment to seriousness in the transaction, commitment to transparency, commitment to information, commitment to confidentiality, nonnegotiation in parallel, commitment to cooperation and partnership, commitment to care can guarantee the legal and psychological security of the buyer in good faith. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: The emergence of a transaction deed or ownership of real estate creates a sense of security in individuals; In such a way that the annulment of such documents, contrary to the legislator's emphasis on Articles 22, 46, 47 and 47 of the Registration Law, causes various psychological problems to individuals, regardless of legal problems.