فصلنامه مجلس و راهبرد
پیاپی 87 (پاییز 1395)

Policy making and public controlling in modern societies and Economics are undertaken through bureaucracy, But mainstream Economics has not shown enough concern on bureaucracy. Researches done during last two decades show that the quality of bureaucracy can effect economic performance through different channels. Revolving Doors Theory is one of the latest concepts in International Studies. This paper is trying to examine how bureaucracy effects economic performance, What are the components of bureaucracy in Iran and from which channels the current situation of bureaucracy in Iran can effect the economic performance. The results show that in all common triggers in the economic policy-making, inappropriate and poor quality of the bureaucracy in Iran leads to non-conductive bureaucracy and reduces the efficiency of reformative policies. Therefore, legislating a reformative law in parliament and applementing by the government is not an ending point, because the poor quality of bureaucracy can hinder its effectiveness.

This article studies control on legislative tensions and conflicts and its origins at Islamic Consultative Assembly. These tensions and challenges can be explained in terms of Discourses on Social Control. Depending on crime prevention policy shaping legislation, These discourses can be distinguished as “discourse of punishment”, “discourse of reparation”, and “discourse of value return”. These discourses apply different methods to meeting legislative challenges and tensions, but increase in crimes shows that they have not successful. Understanding weaknesses and inefficiencies implicit in system of social control, making an appropriate decision and containing crimes require a deep knowledge on different and complex dimensions of social control. From this perspective, this article will introduce a strategic Model of social control.

The expansion of information and communication technologies has led to the formation of a new generation of crime, and some crimes has now became easier to commit. application of technology has facilitated the possible delinquency prevention in order to meet this challenge. Despite extensive monitoring features that are designed following expansion of information and communication technologies, it is sometimes very difficult to strike a balance between their use and possible delinquency prevention, and in some cases, over-reliance on them may bring about various dilemmas for users’ data security. As a result, there is always a dual challenge facing the authorities. On the one hand, the supervisory bodies are required to move under general rules, documents and provisions of international and regional privacy advocates, and in the event of any violation, they have international responsibility. On the other hand, they have to provide an atmosphere devoid of criminal opportunities and delinquency prevention. online victimization prevention requires appropriate measures towards the potential crime and the idea of applying them by the judicial authority. Thus, in order to provide a safe space, above-mentioned constraints can not be ignored and potential crime can not be prevented through pervasive surveillance. Hence, in this paper, we investigate alignment or non-alignment of the most popular electronic monitoring measures with human-rights requirements on the protection of privacy and various aspects of their interference with privacy.

Social and economic costs imposed by energy carriers’ price reform policy cause policy-makers to pay attention to revenue recycling of this policy and its redistribution into economics aiming at reducing or removing these costs. Thus, drawing on Computable General Equilibrium (CGE) and SAM in 2017, this paper tries to analyse economic Implications of Distributional Policies on Revenues Related to Energy Carriers price Reform. In doing so, scenarios have been considered in terms of cash payments, labour-related payments, and production-related subsides. Analysis on possible scenarios shows that if three ways of distributing avenues related to energy carriers’ price reform policy is to combine together, inflation will ensue minimally. Moreover, if government cease to distribute these avenues, gross domestic production will go through a maximal decrease, and in the event of combining three ways, or cash payments and labour-related payments, production will go through a maximal decrease, and as a result, household welfare will be minimized.

Discretion is one of the concepts which has been prominent as a result of arriving empirical studies into criminal justice. Discretion is a set of powers that authorities on criminal justice utilize them in order to perform their duties. Such phenomenon often occurs because of legal shortcomings or legislative vagueness and sometimes through crossing the law borders despite its existense. Discretion is available in different phases of criminal process, ranging from the police entrance to implementaion of court orders. One of the issues that the criminal procedure act of 1392 only has been asserted its basic principles and judges have a relative discretion towards them is Criminal Warrants exept in detection. Although discretion is a neutral concept, it can bring about various positive and negative consequences for ciminal justice agencies. Drawing on qualitative method and deep interviews with a group of judges, this paper tries to study the concept of discretion. The finding in this paper is that judges actively use this discretion, which has lead to various, and sometimes conflicting, warrants and bails for the same crimes, which in turn can cause disorder and prevent justice from perfoming for the same charges. Amending the legislations, considering the discretion in the process of training the judges, and improving the regulatory mechanisms are considered as the possible ways for managing the discretion.

According to private sector activists as well as politicians, red tapes have always been considered as the main obstacles to economic development and national production. However, there is no agreement on which regulations are being qualified as red tape. This paper argues red tape is caused by violating the legislative (or in a more general sense, regulation-related) principles. In such a situation, the legislators adopt new laws or amended legislation frequently and early, and as a result, economic activists are faced with uncertain and unpredictable environment. Obscure and difficult legislation; regulation without sufficient attention to, or knowledge of, the existing legal system; the legislative sectoralization; and repeatedly amended laws, are acontradict the legislative principles.
The paper concludes that the number of laws and regulations rather than the costs of those who identify laws and regulations should be considered as main indicators for red tape. Thus it is appropriate to consider legislations and regulations in terms of volume, issue, and the type, and category, and then drawing an exact methodology, administrative costs for the businesses are evaluated.

This research aims to design a model on the public supervision in order to prevent administrative corruption in Iran’s Governmental Agencies. This study is a descriptive research that has been conducted through the survey method as well as correlation-based analysis. In this framework, using sampling two-stage cluster, employees working in Iran’s State Agencies have been selected as sample. In order to analyze the data,the paper has used descriptive and inferential statistics, and questionnaires on the public supervision and administrative corruption have been utilized to collect the data. The finding in this the research is that the suggested model has appropriately meaningful, and such public supervisions as supervision by unions and associations, supervision by parties, supervision by religious institutions, supervision by media and newspapers, supervision by staff, supervision by citizenries, supervision by the executive, supervision by judicial system, supervision by the legislature, and supervision by anti-corruption independent organization have negative impact on administrative corruption, andin the meanwhile, supervision by the legislature has had the highest rank in Iran’s State Agencies. Finally, some applied suggestions have been presented.

Following the expansion of technology, the patent and relationships between inventors have increasingly been widespread. Along with the contracts related to "transfer" and "license" of the invention, a new type of contract is put forward which is called patent pools. Pool is a means to manage and commercialize patent. Pool is a collective management of inventions which Legal-economic circumstances have led to them; patent thicket which is essential component of globalization,has brought about collaboration between inventors, increased research activities, attempt to avoid the Possible patent infringement, and reduced transaction costs. since Iran inevitably will be faced with such contracts in a foreseen future, this article tries to explain legal literature on this issue. The real question is what the nature of these contracts as well as their distinguishing features are. Therefore it is necessary to define the pool, its relationship to other concepts, and differentiate the same concepts.

Theoretically, stagflation is considered as an economic and social dilemma which has its root in domestic economic, political and social situations. One of the most challenging issues in studying the causes of stagflation is the role of economic adjustment policies. Using a descriptive-analytical manner, this paper illustrates that implementing structural adjustment policies in the form of shocks to key prices leads to rising inflation and endangering benefits of productive sectors which brings about the weakening of national vigor production and clearly, it has injected vicious circle feature to the stagflation. in doing so, at first, the years which stagflation has been formed in Iran, have been determined and then the process of changing important economic variables such as currency, minimum wage, public sector debt in the banking system, the government budget deficit, liquidity, capital formation, national income, the share of oil revenues, and labor productivity have been compared with the age of stagflation, and their impacts on formation and persistence of this cycles are evaluated according to an institutionalist theoretical model. The result shows that shock-therapies which have been executed in the form of structural adjustment programmes, along with increasing undependability in economy, have decreased the motivation of investigation in productive sections that causes quality growth. In the meanwhile, with extending this vicious circle of stagflation, the economy may experience a more critical condition. The most important suggestions which have been proposed during this article include stability in macroeconomic environment, improved production and business situation, reordering the political structure and institutional changes, elevating the efficiency, and making quality growth.

Since concept of parliamentary representation arrived into the Iranian political literature in Constitutional Era, scholars on law and Islamic jurisprudence have attempted to explain it, presenting various opinions. Some have regarded it as a religious advocacy, others have believe that it is the pure agency. a critical examination on analytical foundations offered by theorists shows that each of these two responses has its own defeciencies. Thus, According to a third view, representation of a newly- established contract in the field of public law. In the present article, having strengthened this view, nature of representation as the acceptance of a unique legal delegation, in the form of the collective contract will be outlined out.

This article estimates demand for the industrial exports and real exchange rate in the form of simultaneous equations and on the basis of the Generalized Method of Moments (GMM), using time series data for twenty years from 1373 to 1392. According to the findings of the study, the elasticity of industrial exports to exchange rate is desperately low in Iranian economy. on almost optimitic view, every one percent increase in the exchange rate would be stimulated about third a percent the industrial exports value.
Finding in this article is that demand for Iranian industrial export has a positive relationship with the world revenue and the world export price indexin these circumstances.a continued price competitiveness for Iranian export products is of great importance. It means thatpolicies based on structural adjustment including attention to business productivity and innovation aimed at strengthening exports are essential.

Nowdays, environmental protection is seen as important and fundamental values, included in UN discourse on human security. Moreover, this issue has been reflected in national as well as regional documents. Since environmental protection requires a consistent and effective criminal policy towards environmental crimes, Iranian criminal law has passed some acts about environmental protection. In this framework, this article tries to identify deficiencies in environmental acts and propose solutions for eliminating them. The results of this paper, which has been done by drawing on library sources and based on analytical approach, show that Iranian criminal law has some deficiencies such as incoherence in legislation, disproportionate punishments, weakness in ways of beginning pursuit and disregarding of non-governmental organization participation. Therefore, we propose passage of a coherent code which contains deterrence, sanction, supervision through efficient and specialized training, and particularly, utilization of non-governmental organization for environmental protection.