فهرست مطالب

نشریه علامه
پیاپی 52 (بهار 1397)

  • نامه پژوهشی فقه و حقوق (12)
  • بهای روی جلد: 20,000ريال
  • تاریخ انتشار: 1397/03/12
  • تعداد عناوین: 6
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  • Iran Soleimani* Pages 39-60
    zmportance of the loophole in theft as a rule of law is of particular importance with regard to the creation of cyberspace and the exploitation of abusive users and electronic robbery. Therefore, with this aim, it was obtained by descriptive method that if the computer is only used as a means of committing a crime and that the offender is the main target of
    information and computer data and other electronic data without the owner's knowledge by electronic means (hacking) The place of protection, in its favor, is to transfer its function due to the judgment and customary practice, and the current situation among users of information and communication technology (ICT), the hijacked and criminal offense
    of materials 267 to 278, is subject to the rule of theft .
    Keywords: theft, amulet, hacking amulet, computer crime, jurisprudence
  • Bijan Abbasi*, Ali Sherabloo Pages 61-96
    Public law system in our country because of it's being young, obviously have defects and faults and it is necessary to trying solve them. This necessity will be double due to impacts of public law system on others legal system fileds and unlegal fileds such as political matters to facilitate and achieve efficiency of the state. So, this is the subject of our article to pathology of public law system defects and present solutions to  correct them and development of the public legal system. Finding shows abundance of defects in legislation filed and many of that defects are  necessary to focus on legislation field in corrective actions.
    Keywords: Public Law, Pathology, Development of Law, Legislation
  • Seyyed Mohammad Taghi Alavi*, Amir Reza Mahmoudi Pages 97-124
    In broad conception, constitutionalism is a movement towards competence and limited and divided sovereignty according to obligatory rules and regulations. It is the movement which started from West Europe and expanded to all over the world. Nowadays, sovereignty based on constitution is a characteristic of liberal democratic regimes thereby the attempts in this field both in indisputable form and accidental form were important in its evolution and development in the world. This essay studies the doctrine and governance organizations based on Europe constitution in a literature different from those which are available in Iran constitution law.

    Keywords: Constitution law, Medieval, Europe, Constitutionalism
  • Abdolreza Lotfi, Nir PourAzar Pages 125-154
    One of the major challenges of the present era is the increasing destruction of human environments in various forms, especially through the pollution of water, air, land and soil and the destruction of pastures and plants, and ultimately the extinction and genocide of animals by humans, which The reason for its high importance is the need to identify practical solutions to protect it. The domestic rights of our country, zncluding criminal law, have been particularly effective in this regard, and in the Islamic Penal Code and other specific laws and specific types of criminal liability, including imprisonment, cash penalty, seizure of offender property, etc. The preventive and deterrent factor has criminalized and punished the perpetrators for punishing the perpetrators. In the same vein, the present study, while confirming the criminalization of environmental degradation, seeks to reduce the criminal liability of the destruction by comparing the penal provisions. The environment is discussed with the approach to domestic criminal law D.
    Keywords: environment, criminal responsibility, environmental degradation, criminal action, environmental protection
  • Ahmad Mortazi*, Farid Soleimanian Pages 155-194
    From the point of view of the civil procedural law, the document is one of the most widely used proofs of the claim that proof of the claim by it is conditional on the realization of authenticity in its nature. In such a way that any legal impediment to the authenticity and authenticity of the document will affect the existence and presentation of the document.
    Meanwhile, declaring denial and claiming forgery as one way of responding to the document of expression is relative to the authenticity of the document. Hence, in this paper, first, definitions of the document, denial, doubt and forgery were made to reach the audience with The concept of the document and its conditions are better and more familiar, and finally examine the means of differentiating and sharing the denial and doubt, with the claim of forgery in the civil law proceedings, so that each of the parties will be aware of their rights and  zuties until the first hearing. In the process and in the process, they can better apply their rights and duties.
    Keywords: document, ordinary document, official document, denial, doubt, forgery