قضایی

The existence of special press courts in some major cities, both at the investigation stage (Media Prosecutor’s Office) and at the judgment stage (certain branches of the Criminal Court of Tehran Province), as well as the formulation and drafting of press laws throughout the contemporary history of Iran, indicate a particular focus on press rights and the prosecution of related offenses. The presence of certain legal gaps regarding the guarantee of enforcement of press laws, along with the lack of specialized courts widely addressing press-related crimes, are considered weaknesses in this area of Iranian law. The research method is qualitative and library-based. The approach for presenting research discussions is descriptive-analytical. This research examines the legal foundations and analyzes existing realities within the theories. The law, fundamentally in the year 784 AD, ruled that the trial of political and press crimes must be public. However, it seems that the absolute application of this principle is illogical, as in some cases, the interests of individuals or the state impose the non-public nature of such processes.

From the point of view of Imami jurisprudence, the marriage contract is one of the most necessary contracts, because it cannot be stipulated in it like some other necessary contracts; Rather, the contract is necessary and not optional. Ma'al Wesaf is forcibly dissolved due to cursing, apostasy, illegitimate adoption, or gender change, and it is also voluntarily dissolved due to the termination of divorce or termination of marriage. If the wife is in severe distress during her cohabitation with her husband, she is subject to the rule of negation of distress. The dissolution of marriage is considered in the form of dissolution of marriage; Because this rule, in addition to mandatory rules, includes status rules, including the necessity of marriage. However, the jurists have not accepted the annulment of the marriage by the wife in order to observe caution and to limit the annulment of the marriage to the cases of defects in the text, violation of the terms and conditions, due to hardship. However, this dissolution of marriage is in the form of a judicial divorce, depending on the development of the realm of the rule of negative negation of rulings; Some jurists have accepted it and prescribed divorce ruling regarding the case. According to the opinion of some Sunni scholars, the dissolution of marriage in the case of severe material or spiritual harm to the wife, which is an example of harm, is considered permissible due to judicial separation, which is not necessarily considered a judicial divorce. Some contemporary popular writers have considered this liquidation as an example of the ruler's divorce. The Personal Status Law of Egypt also allows the wife to request a divorce if she claims that the continuation of married life is harmful for her.

Considering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of thoughts, therefore, citizenship rights, as a new expression in Iran borrowed from Arabic literature, are of different types including judicial citizenship rights which explain the rights of defendant, plaintiff, and witness in jurisdiction, confession, and testimony, respectively. Judges, bailiffs, and other justice executives in judicial system are required to respect these rights. Reviewing Quran verses and Infallible imams’ traditions, one sees that Islam explains comprehensively the judicial rights of citizenship making it is one of the important references regarding judicial citizenship rights in positive law, putting the serious responsibility of judgment on the shoulders of the qualified and just judges and explaining some special orders and instructions on the subject. This is a descriptive-analytic research. The findings showed that the Iranian constitution considers citizenship rights as of the nation rights and its principles as explained in the judicial law are of legal sanctions in the Islamic criminal law. In addition, other laws, such as criminal procedure code and single-clause bill of legitimate freedoms and citizenship rights, though suffering some flaws, show special considerations from the legislators for the judicial rights of citizenship.

During the transition from marital stages, differences may arise between couples and if it becomes acute, it may lead to separation and divorce. This research aims to answer the question "what methods are there to resolve family disputes" with an analytical and descriptive method. According to the findings of the research, there are three types of methods in family dispute proceedings. The first method is in the form of quasi-judicial proceedings and through arbitration. The second method is based on individual-oriented judicial proceedings; The third way of solving family disputes is through the perspective of therapy. The result of this research is that the methods governing the resolution of family disputes in Iran's legal system are based on individual-centered judicial proceedings and due to its special nature, proceedings based on this system are not in a way that reduces separation or complications and it has less consequences for children, especially children and even with its ritualistic, confrontational, individual-centered character, it causes the escalation of hostilities and the weakening of the family institution.

According to past reviews and the high importance of the role of childhood in later developmental periods and according to the comparison of juvenile delinquency in British and Iranian law and review of non-growth statistics, undeniable growth non-growth and also rejection growth non-growth statistics and problems with these statistics, a Study of the rights of the child in Iran as a preacher for the defense of human rights and analysis of the age of criminal responsibility and the age of maturity and growth from the perspective of Iranian scholars, the process of fair trial of children who oppose the law is examined in the laws of the Islamic Republic of Iran; and also the efforts of the Islamic Republic of Iran to establish mechanisms to protect children in conflict with the law are examined. Therefore, in this article, briefly a comparison of juvenile delinquency law is made in British and Iranian law. It also provides an overview of the fair trial process in juvenile courts based on a system of gradual liability stated for the audience and at the end, Iran’s support measures for these children are mentioned.

The principles of independence and impartiality of the Judiciary is one of the most important grounds to achieve a fair trial and to ensure the rights of citizens in the proceedings, the principles which are inevitable for the existence of a judiciary whit fair and equitable judges. These principles have recognized in the vast majority of domestic legal systems as well as international legal regulations, specially certain regulations about justice such as Banglore principles. It seems that in order to achieve full independence of the Judiciary and the judges in each country as well as their impartiality in the proceedings, it is necessary to obtain the basic and preliminary conditions and principles. According to the studies conducted in the international regulations and the internal systems of several countries such as Iran, in order to full realization of the two principles of independence and impartiality of the judicial authorities, it is necessary to defined and explain some principles such as institutional independence, individual independence of judges, forms of appointment of judges and recruitment of judges so that independence and impartiality of the Judiciary can be provided in order to maintain and protect the rights of citizens and the requirements of right to fair trial.