پژوهشنامه تطبیقی دادپیشگان
پیاپی 1 (پاییز 1397)

In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities

Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced.

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of sale in other of legal acts and phenomena is presented that bill enforceable But the general principle is that any contract offer and acceptance will be available to spend The offer and acceptance are the two components of the unit contracts. One might think that in our legal system does not have a contract of three components But the Iranian legislator by taking above issues and to supply materials, and the thought derived from jurisprudence texts in some seasons civil law on contracts and unilateral obligations, contracts have been noted The bill is traded to the transmission. Therefore the Iranian Law bill in some contracts condition for and condition for the validity of are contracts However, the common law legal system, the importance of the bill is not in Iran's rights, the rights of Iran's important that the bill has the effect of That some contracts are not real contracts in which they bill as Subject the contract, conditions is true However, the common law legal system that easily accepted and mortgage bills in the health condition they not mortgage And accordingly because of diversity in the formation of transactions and contracts, the importance of the bill and there are general rules and old Which is very ambiguous and insufficient and not able to solve problems aim to contractual with the impact of bill pay transactions In This study examines the different aspects in some the contracts pay the bill.

prudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected methods. In this case, it is a type of competition in which business competitors use equipment unfairly and compete for unfair titles. Unfortunately, there is no exact definition of the meaning of unfair competition, but in addition to unfair competition, which is discussed in private law, there is no definite way of defining public rights and economic rights, which they call competition law. In the law of instance such as offensive and discriminatory pricing, monopoly, similarity of name and trademark, as well as cases in the field of industrial property rights, we can mention the obstacles to fair competition, in other words, unfair competition. In Imamieh jurisprudence, with its rich resources, it is prohibited to disor-derly competition, among which, in addition to many verses and narratives, it is possible to mention cases such as hoarding, reckoning, and the rule of lawlessness. Given the above, it is clear that the law defends a fair competition and request to reform the com-petitive relationship between individuals, which, assuming this important, can be seen as a Justice-centered economy. In this study, to clarify the nature of Fair competition , con-cept and examples of unfair competition, and to better understand the unfair competition law, compare it with some of the relevant institutions in the Paris Convention and other conventions.

In practice , we are dealing with two types of network marketing , first network marketing and other pyramid schemes , which are the vast majority of the second type , which is illegal in most countries . From the United States Federal Trade Organization perspective , the marketing plan is a very good way to sell products and services by distributors . Although this type of market includes new economic activities , which can be incorporated into an independent contract without being incorporated under the title of one of the contarct, it may have a few similarities with such as rent , peace , sale of law , and can be introduced , but each may have problems . In this study , it has been tried primarily to describe this form of marketing and the distinction of two healthy and unhealthy types , then the healthy type that is legally reviewed by matching the aspect of jurisprudence and the rules of the Federal Convention