Analyzing of the feasibility of regulation and legal formalism in medical censure

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Mousavi Seyed Eisa; Heidari Hassan; Asadi Koohbad Hormoz

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Journal Paper

Paper Information

Journal: FUNDAMENTAL RESEARCHES IN LAW Year:2024 | Volume:2 | Issue:5 Page(s): 84-103

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Information Journal Paper

Title

Analyzing of the feasibility of regulation and legal formalism in medical censure

Author(s)

Mousavi Seyed Eisa | Heidari Hassan | Asadi Koohbad Hormoz | Issue Writer Certificate

Keywords

Tazeer

doctor

regulation and legal formalism

promotion of community health

Abstract

The use of Ta'zeer in Iran's legal system and the lack of specific rules in determining its process indicate that the lack of proper planning in its use has limitations and negative reactions towards doctors in order to improve the health of the society and their morale. Therefore, reading the law's lack of support from the medical community carefully and considering how the doctor's actions are improperly presented and determining the level of conflict with the law will determine the inconsistent reaction of punishment in response to the doctors' activities and the inappropriate performance of the legal system. Therefore, presenting a modern model centered on providing a thoughtful interpretation of ta'zeer and revising doctor's ta'zeer in certain cases causes support and patronage of doctors and non-attribution verification of some criminals. In addition to this, the possibility of legal regulation and formalism of doctor's punishment by measuring the effects of possible risk and creating a differential criminal policy for doctors' punishment and changing the legislator's attitude in possessions without permission and examples of protection, regulation and legal formalism of doctor's punishment in Klonin, euthanasia, etc. Improving the context of the health of the society and in addition, it reduces the indifference of doctors to treatment and the problem of indifference and indifference of doctors to treatment by not using tazeer.

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