نشریه حقوق و مطالعات نوین
سال دوم شماره 4 (پیاپی 5، زمستان 1400)

Now that with the help of God and the loving attention of the dear writers, we have published the fifth consecutive issue of the scientific journal of law and modern studies, we consider it necessary to sincerely thank the kindness and efforts of all the authors and agents of the journal. Now that this opportunity has been obtained by the grace of God Almighty and by relying on the strength of youth, we must rely on God and our scientific belief, and thanks to the efforts of all those who have played a small role in publishing the magazine, by gaining knowledge and Experience, to strive to strengthen and solidify the content of the magazine more than before, and to strive to increase its quality and credibility. The increasing advancement of legal knowledge has necessitated the presentation of the results of research and legal research for the use of researchers and enthusiasts. In this regard, law journals have played an important role in the process of registration, publication and promotion of this research and also creating a suitable platform for the development of communication between legal researchers. Therefore, the scientific journal "Law and Modern Studies" accepts articles based on formal and content studies, in Persian and with research, extension, translation approaches, case analysis and report, reviews and quality professional and technical notes. In this regard, we invite all activists in the field of law and all interested parties to help us improve the quality and quantity of our magazine by sending their weighty works and articles.

In the present study, we seek to analyze the rights of Iranian children throughout history. In this regard, because of the evolution, Foucault's genealogical principles are the theoretical and methodological basis of research. Findings show that with the presence of foreigners (Puchtalions) in Iran in the early Qajar period, the concept of child and childhood appeared in the social and cultural environment of Iranian society. In the society of that time, the outbreak of diseases led to the creation of the first legal materials for children, which was based on the need to protect the health of children and its executive guarantee. Then, social and cultural developments such as society's attention to development and modernity led to the importance of the child as a potential force for development and future. Thus, various aspects of children's lives gradually became the subject of the emergence of children's legal foundations. In contemporary times, in addition to the fact that natural events were the basis for the emergence of children's rights; Events that were also the basis or consequence of human action became the basis for the definition of the rights of the child. Evidence shows that today, increasing natural harms such as pandemics (such as coronary heart disease), environmental pollution, etc., along with increasing harms caused by human function such as rape, human trafficking, child trafficking, births With ignorant and abnormal parents, the process of emerging new legal principles and materials for children is increasing. Therefore, the rights of the child are dynamic in the international arena and in the Iranian society.

This study examines the right of children to be heard, which is enshrined in Article 12 of the 1989 Convention on the Rights of the Child, as well as its place in the Iranian criminal proceedings. This right, along with other rights such as non-discrimination, growth, survival, life, highest interests, free access to information and freedom of expression, are recognized as fundamental rights of children. This right was first enshrined in the 1989 Convention on the Rights of the Child and was neglected in international instruments prior to this Convention on the Rights of the Child. Recognizing this right is very useful because children are recognized as active beings and the subject of decisions and their opinions are heard by the competent authorities. With the recognition of this right, the traditional view that children have an independent and dependent personality on adults is modified, and consequently children are given the right to actively participate in decisions. In the domestic laws of our country, this right is mentioned in paragraph 8 of Article 2 of the Executive Regulations of Article 6 of the Law on the Protection of Children and Adolescents of 1399. Since the scope of this right is wide and takes on a special effect at every stage of the criminal proceedings, it must be carefully understood in the regulations to what extent children enjoy this right in the criminal proceedings.

The purpose of this study is to investigate the basics of new right criminology. Studies have shown that the new right-wing criminology view considers the practical implementation of penal policies to be based on the control and management of those groups in society that have more similarities with the lower classes. The New Right Criminology imposes austerity on criminals. This policy, in order to control delinquency, generally targets perpetrators of sexual and violent crimes, especially repeat offenders, and imposes severe penalties, including severe and lengthy punishments. Time emphasizes this group of criminals. The New Right approach is an innovative measure, and is more of a public policy of monitoring and controlling social irregularities and petty crimes than a matter of harsh punishment or violent treatment of offenders by the police. In other words, we see the inspiration of a new right-wing approach to broken window theory and the zero-tolerance strategy. The New Right approach is more of a specific political orientation than a principled, coherent and rational one. If such an approach were not taken in criminology, a general flaw in law and regulation would result. In general, as with most criminological theories, the popularity of the New Right criminology cannot be separated from the political environment around it.

The issue of criminal liability is the most important issue in criminal law because usually a person or persons are directly involved in the commission of the crime and its material element, and the same person or persons who are known as the director and accomplices in the crime. , Have criminal liability. Therefore, establishing a causal relationship between the perpetrator and the outcome of the event and holding him responsible is not a difficult task. However, it is possible in cases where the person in charge of the crime, despite direct intervention in the material element of the crime, is irresponsible and instead another person who was not involved in the executive operation (cause) is found criminally responsible. However, how to determine the punishment for the cause, in addition to the ambiguities that exist in distinguishing the strong cause from the manager, due to the lack of scrutiny by the legislator, is one of the ambiguous issues in the Islamic Penal Code. Since the origin of the relationship between causation and strong cause of the manager is first from the United Kingdom and then has reached the jurisprudence of other countries, including the United States and Iran, in this article, considering the similarities between the strong cause of the manager, The reason for the dependent intervener in the criminal law of the United Kingdom, we will examine how to determine its punishment in the criminal law of Iran and the United Kingdom.

With the end of World War II, a new era began in the lives of nations and governments. Developments in international relations have been influenced by new factors and data, including the role of multinational corporations. Multinational companies operated in order to expand their activities in the world and invest in the industrial hubs of developing countries and use the facilities of such countries. Economic strength and high competition between companies and flexibility with domestic regulations as well as the ability to influence the sovereignty of countries and domestic regulations are the hallmarks of these companies. In addition, due to the activities of these companies in two or more different countries, the main subject of the lawsuits filed against these companies is the conflict of laws of the countries where the company's residence or property is located. Because litigation requires the determination of the competent court, before the conflict of laws, there is a conflict of courts or a conflict of jurisdiction, which must be resolved within the framework of legal provisions. Another point is that in some cases, the problem of conflict of laws and courts has been resolved to some extent, but due to the inconsistency of domestic laws in some other cases, this problem remains unresolved, which must inevitably seek a solution in contract law. . In this study, an attempt has been made to examine multinational companies from the perspective of Iranian law as well as the issue of conflict of laws and courts.

The transfer and legitimacy of power and the acceptance of the right of citizens to exercise it not only legitimizes the government to carry out governmental affairs, but also provides full credibility to regional and international countries to extend long-term treaty accession, exchange and expand diplomatic relations. According to the interests of the government and the nation. Reforming or renewing the principles or giving priority to divine sovereignty, from the introduction of Article 3 of the Constitution to the amendment of the law, which is embraced by all this fundamental principle, can be the ground for the solidarity of the nation. Its acceptance is the most fundamental principle for international legitimacy, because the social contract guarantees well-being and salvation, which benefits from the popularity and blessing of the spiritual benefits and worldly happiness of every member of society. Communication and the small village in the current era have intensified the acceptance of the nation's satisfaction, and the lack of this acceptance of pure political suicide is considered in a way that even the supporters of the current Taliban government are shocked to recognize it. Because such group governments are so powerless that their immediate and unexpected repression in the not-too-distant future and the creation of such groups is palpable. Also, the fundamental human right and the separation of powers are the two basic and permanent foundations of the authority of any nation, which must be determined from the heart of society, and constitutions begin to give authority over domestic and international affairs when the communicative action of that society is The written text should be inserted in accordance with the principles of separation of powers, and the implementation of separation of powers is a cornerstone of fundamental human rights.