نشریه حقوق اداری
پیاپی 11 (پاییز و زمستان 1395)

Under Subsection (E) 0f Article 2 of the law of General Inspect Organization (GIO),in the cases where the Organization Report includes Administrative offences of General Administrators,Higher officials and the officials of the same rank, the GIO sends the report to the presidential Organization Administrative offences Trial Board to investigate and continues to pursue it to get a result.
The investigation of the Administrative offences of officials above takes place in primitive and appeal boards of presidential Organization with the membership of a judge appointed by the head of the judiciary and according to the Administrative offences trial law.Because of not stating the dictum of subjects related to type of membership, the role and the position of judge appointed by the head of the judiciary in the members” compound of the presidential Organization Boards, formality of session, the ways to investigate and making of award, Subsection (E) 0f Article 2 of the law of GIO, suffers from ambiguity and difficulty and leads to interference in duties and legal authorities of the presidential Organization Administrative offences Trial Boards and GIO and as mentioned above creates problems and differences of opinion, which are reviewed Critically in this paper.

Administrative law as a branch of public law is the knowledge of new and has not a long history, because the public law is a newly established and Many scholars believe that the history of recent centuries. This article seeks to illustrate the fact that, Administrative law to comply with public law issues new era and in the absence of state and public law cannot be said about administrative law. Any attempt to creation of public law passed from the path of state and public law. In this regard, we have tried, with looking at the important traditions of administrative law in the world, show that administrative law on all those traditions is new problem and completely depended on historical tradition on those countries. This issue has caused cannot spoke from same administrative law in all countries.

Folklore rise of innovation and collective creativity in local and ethnic society. This symbols count as a fundamental basic in cultural heritage development and contains oldness intergenerational and communal.
Diverseness and variousness of folklore symbols indicate expansive and differences of this art-industry and include collection of tangible, intangible or integrated displays. Appearances like native music, handcrafts, local customs, popular literature, resolve disagreements methods and...., all are results of folklore. Beyond question folklore symbols are in cultural outcomes categories which following several functions. Culture creator and civilising is the most important and obvious function but economical capacity of these symbols in format of cultural products or commercialisation affair must be noticed as well. Consideration’s prerequisite of this functions are symbols and beneficial’s identification and also determination of responsible institutes. Considering, symbols identifications leads to cultural fertility and smart marketing and also will be causing for cultural identify confirmation. On the other hand it will help to guaranty the native’s rights. In addition, custody of folklore symbols is important in record, protect, expansion, and management of this cultural creations.
In such manner support of folklore symbols’ principal is the apparent thing but protective challenges such as lack of comprehensive regulations, absence of public awareness, loss of executive plan by government organisations, non-availability of interior responsible organisation and also deficiency in international and regional effective collaboration about holding meeting and preparation of international documents, makes the path of effective supports difficult,Specially compared to intellectual property law. This article intends to point at suitable legal solutions through observing international experiences and during enumerate the bill’s innovative scores, mention the defects of it.

During last several years, we have observed a new effort from Iranian government in execution of Article N. 44 of Islamic Republic of Iran’s Constitution. Therefore, numerous private insurance companies have been founded thereafter and hence there should be a new reform-wise approach to regulation of the industry. Elimnation of tariff-based pricing system and a deep need to a financial-based alternative system can not be undertaken without a change in regulation.
Sudden disposal of tarof-based pricing system in most of insurance products in recnt years and led to a number of problems in insurance industry. Most important of who are: an anarchy situation in completion envoirnment among insurance companies, a limited form of monopoly in some parts of the industry and hence unhealthy competition among players, etc. All these consequences hasve raised a concern for responsible institutions in controlling and adjusting insurance market, which justifies a change of attitude in regulation. This change of approach should be with emphasis on financial affordability of insurance companies and the importance of undertaking their commitments and the way that they handle the claims.
This article tries to introduce different approaches of commercial insurance policies’ regulation, analyize them, and finally propose the best approach for Iran’s market.

Iran, as a country with a brilliant historical background and ethnic, cultural and biological diversity, has a treasure trove of various manifestations of popular culture that should be protected by law. Both in domestic law and in international affairs, there have been many debates on the ability of various branches of intellectual property rights (literary, artistic and industrial property rights) to support the effects of popular culture. Thinking in mentioned discussions and stabilizing on intellectual property rights shortcomings in support of popular culture manifestations reveals the necessary to design special supportive system. The ability of each instance of intellectual property rights to support popular culture manifestations has been investigated. (In particular, the World Intellectual Property Organization has worked hard to adapt these manifestations to various instances of intellectual property, such as copyright, plant protection, industrial designs, trademarks, and other cases). But no one has fully and effectively supported all the examples of the popular culture. The impossibility of full and effective support of all the manifestations of popular culture in the form of intellectual property rights is due to their specific features. Their wide-spread, diversity and heterogeneity of the examples are the first feature of these manifestations; popular culture encompasses a wide range of scientific, visual, audible, literary, and similar effects. One of the most important features of this group is its membership and belonging to the people of a country or region; these attributes do not belong to a particular person, they are belonging to a group of people who share historical, ethnic, cultural, and the like. While intellectual property rights work in the sole interest of the creator, except in exceptional cases (geographical origin signs and collective marks). In addition, what is important in protecting the effects of popular culture is the negative and privative side of this support. Preventing the confiscation of foreigners and non-natives, unconventional use, distorting the examples and the like are among the issues that should be anticipated in the supportive system. While intellectual property rights, along with the prohibition of others from violating the exclusive rights of the rightful owner, also determine the affectionate and positive material rights of the rightful owner. Such rights are not primarily relevant to the effects of public culture. Besides, regarding the popular culture manifestations, the determination of the persons who have right to the subject is a very difficult task which does not seem to be possible to be resolved through the system of intellectual property rights. The supportive system should include a way to determine the right holders and the fair sharing method of values and benefits between them. Aside from the mentioned issue, intellectual property protection is, in principle, temporary and in many cases requires registration, cost and administrative formalities, things that are not compatible with the spirit and supporting purpose of the popular culture manifestations. According to the above issues, the design of a coherent legal system on the popular culture manifestations that in addition to the protection of intellectual property rights, preserves these manifestations and helps to use, promote and introduce them to today's world seems essential, what that can be done in the form of a specific and comprehensive law. This seems a debt of the legal system to popular culture-as a common heritage of society.

After the privatization of public services and handing over public services to private sector, the issue of whether or not necessary to apply the rule of the government on privatized firms providing public services was raised. On one hand, according to theoretical foundations of privatization, the private management of public services is more efficient than public management, and on the other hand, the profit-seeking logic of private sector conflicts with public interest as foundation of public service theory. The present article by using the analytical and descriptive method, prove this hypothesis that government is not only permitted, but is obliged to govern in public services market in order to protect the classic principles of public service, manage market failures, promote and preserve competition and protect the rights of consumers, and therefore reconcile benefits of private management of public services and public interest.