فصلنامه حقوق پزشکی
پیاپی 45 (تابستان 1397)

Nursing career requires sufficient rules and bases which can support patients, professional and trading rights and excellent performance to achieve its aims properly. Breaching of the above statements, a nurse has committed disciplinary violation and will be reprimanded by law, thus the disciplinary violation will affect the job and administrative status of the nurse. Nurses' disciplinary liability is to do their job honestly and nobly. By describing concepts such as liability, malfeasance, fault, offence of the nurses' disciplinary liability and its homogeneous in England and France laws literature has been defined. Subsequently, the most important issues in nurses' disciplinary liability and its sanctions have been investigated.

Accurat evaluation of the amount of injures to the madness against in the crimes in determining the amount of punishment and non-ordinated blood money (Arsh) has a special importance and evaluating of this injuries are faced by special complexity and difficulty because the different diseases and in some cases newborne diseases causes different and multiple complications in the individuals that recognize and accurate evaluating of this injuries and complications by the courts and forensic medicine isn,t impossible in the most cases. In order to benefit from the findings of the new science for the getting the perfact rights of injured people from penalties this article try to introdace a method that in recent years used in developed countries and world health organization (WHO) for evaluating the burden of different diseases we compared that method by the calculation method of blood money payment and while reviewing and expression the subscription and differentiation tipss of two methods we proposed the application of the method of determining the burden of diseases by using the DALY index for determining the accurate rate of non-ordinat blood money and injured damages.In this regard, the comparison of the two methods suggests that there is a significant similarity between the goals of compiling and using the DALY index to calculate the burden of diseases and the purposes of calculating blood money and non-ordinated blood money in the harm caused by the subjunctive crimes.And there are some differences in how these two methods are calculated, including: the difference in the values and social preference considered, the difference in the unit of counting and measurement, the difference in the focus of the measurement, can not prevent their compatibility In particular, by making minor changes to the way of calculating the YLD segment of the DALYs, we can use that formula to determine more precisely non-ordinated blood money the complexity of the diseases.

The circumcision of girls in some of its forms causes irreparable harm to women's physical integrity and while some jurisprudential sources, such as Sunni jurisprudence and Imam's jurisprudence, expresses the positive attitude of fiqh to the circumcision of girls and sometimes the verdict is based on this. The question that is posed here is the Shia jurisprudents' view of this subject and its ruling.
Writers by means of content analysis of narrative and jurisprudential texts and investigating types of female circumcision and their accordance with the provisions of related texts, explains this significance that Islam permission commandment in relation to female circumcision includes only one type of circumcision which is the mildest degree. Other types of it, that in some cases involve injuries are excluded from this permission. That is why it is necessary to decrease the prevalence of this action and administer justice of victims, it is expected to perform effective criminal supports such as criminalization against instances of female circumcision that are excluded from Islam permission commandment and cause serious injuries to their physical and mental integrity.

Reason is a superstructure of matter, in which the realities are perceived and perfected by humanity; the understanding of the facts and the teachings, the good and the evil, the goodness and the pleasure of the functions of this great divine blessing, which today is not important to anyone. The Islamic Penal Code, as one of the most prominent manifestations of Iran's legislative criminal law, which is predominantly suicidal, extends its support to the wounds of the umbrella, and has imposed sanctions on this kind of crime. The critique of the lawmaking function in this regard and the presentation of appropriate strategies are important objectives of this article because it seems that the legislator in some cases does not provide a method for rationalizing crimes or that the scope of its protection is insufficient, which needs to be reviewed and reviewed. To be placed.

stem cells technology as a new Therapeutic approach brings many hopes for treament of sever diseases. By considering the progress for our country in this regard and the importance of stem cells science in country’s comprehensive scientific map, legal and institutional infrastructure development is one of the main priorities for a decent position, in the region and world on the horizon of 1404. Therefore, this study aims to investigate the criminal policy of stem cells by looking at French and England politics. this research is a descriptive study using library and documentary method, by study of books and papers and researches and other authoritave scientific references. undoubtly, the benefits of this technology depends on its ethical considerations. Elimination of moral barriers also requires drafting laws compatible with regional and cultural beliefs of peoples in the country. As Iranian law in the field of stem cells is not clear and Unfortunately, our laws in the face of it, could not keep up with these advances, to continue research activities, legal and institutional infrastructure is the main feature. First it is necessary to discuss this issue among scientists in the field of ethics, law, jurisprudence.
Then therewith studying laws of active countries in this technology which have worked out precise rule, by adopting a purposeful criminal politic facing the application of this technology, took into action to make bans and to determine the guarantee of appropriate criminal procceding.

Failure to return all cerebellar and cerebellar cortex activities is called brain death. As the advancement of medical technology was first introduced in 1952 in the United States and a few years later in France, this concept was introduced. Today, most advanced countries in the world have accepted, through laws or judicial decisions, that death is due to the cessation of brain activity, and brain death is a definite death. The main causes of the importance of brain death and the efforts of lawmakers to explain its nature are the issue of organ transplants from brain deaths. Following the issue in Islamic countries, differences between jurisprudents and physicians have taken place and are still ongoing. More or less, brain death is accepted and legislated as a definitive death in some Islamic countries. In Iran, delayed brain death in western Iran in 2000 along with the issue of transplantation of organs and the unit entitled "The Law of Transplantation of Patients Dead or Patients whose Cold Death is Certain" entered into the official laws of the country, but in the laws of the country Egypt has not yet explicitly referred to the acceptance of brain death due to numerous controversies and controversy of the controversial jurisprudents, and it can only be deduced from this by law in Law No. 5 of 2010. This research has been conducted in a library method with the aim of comparative study and the discovery of the weaknesses and strengths of the rights of both countries in Iran and Egypt. In this case study, in general, it can be said that Iran's law on brain death is more enlightening and more advanced than the Egyptian laws.

Nowadays, pregnancy caused by the rape, is a crucial and complicated subject in Iranian Society which despite its’ undeniable importance, has not paid enough attention to it legally by the policy makers. In fact, this social problem has considered as aside and insignificant matter. The lack of legislation in this era, has forced the female victims to illegal abortion; this coercion caused serious injuries to them (even death) and social damages. In this Article, consequences of rape have been reviewed with an analytical-descriptive method. Also, generalizing the abortion treatment rules was suggested as a solution to this problem, using Juris consult opinions and according to legal standards and generalizability of hardship rule

Doping is the most important issues in national and international sports events which are contrary to the values of Olympic Movement and spirit of sport. IOC activities in fighting against doping led to establish World AntiDoping Agency (2003) and all national and international sport organizations obliged to follow the WADA code (2005). EUNESCO convention was signed by 139 countries and become enforceable. Nevertheless, more doping cases arose .Specially the Russian doping scandal before Rio Olympic Game (2016). IOC decided to establish new CAS Division (Anti-Doping Division). CAS-ADD started working in Rio Olympic Games. CAS-ADD works under Swiss Law and accept doping-related matters, appoint a panel (independent and qualified), rule on WADA code and general principles of law (due process and procedure law), decision making within 24 hours-if necessary after the game, jurisdiction over subsequent retesting of samples during games. CAS demonstrated independence and capability in Rio games.

Today, with the rise of various diseases, the lives of human societies are more and more endangered. Therefore, the pharmaceutical industry is one of the most important industries to be supported in order to maintain the incentive to invent new drugs for dangerous and emerging diseases, as well as the incentive to produce widespread pharmaceuticals for inventors and investment companies in the industry. Against the undeniable advantages of protecting inventors and drug manufacturers, this support can lead to the emergence of some countries, especially developing and least developed countries, with serious threats to public health and the inability to access proprietary drugs, they face. Which of these two options is preferred over the other? Protecting the pharmaceutical industry or protecting public health against threats? Accordingly, the paper examines the World Trade Organization's Facilitation of Drug Access for Developing Countries and least developed countries with emphasis on developments in the Trips Treaty. In short, along with the World Health Organization, whose role is to help maintain health, the World Trade Organization has tried to incorporate some of the acts in the trips agreement as well as its "reform", while maintaining its fundamental principles, such as freedom of trade and the principle of non-discrimination, to protect public health from threats, in order to prevent the conflict between the two.