فصلنامه مجلس و راهبرد
پیاپی 103 (پاییز 1399)

Nongovernmental public institutions are those institutions whih have been founded after the Islamic Revolution as well as recognized by the Iranian Public Audit Act. Considering differences of legal regimes between government departments and nongovernmental institutions, discussions have been raised whether they are governmental or non-governmental organizations sine their establishment. This ambiguity which is arising from the title as well as codition of supplying more than fifty percent of their budget from non-governmental financial sources has made it difficult to discern the nature as well as legal ruling regime over these institutes. This Ambiguity has been sometimes led to a growing tendency to create a legal entity of (under) public law in the form of a nongovernmental public organization.The elimination ambiguity from nature of these institutions is one of the requirements for administrative health promotion as well as combating  corruption. The paper is seeking to answer two main questions which are arisen through using descriptive-analytical research method Are the nature of nongovernmental public institutions ambigious? As well as what are the meaning and purpose of "Non-governmental" term? At first, legal components of these institutions are explained. Then, different attitudes towards theses institutrions' legal nature are analyzed. Finally, we investigate three examples of these institutions. These institutions are neither exactly similar to legal entities of private law nor perfectly compliant about legal norms and constituents of the state bodies. In fact, they have a combination of the constituents and criteria which constitute government agencies as well as legal entities of private law; the situation that puts them among these institutions. The identification of an independent sector called the "Non-Governmental Public Sector" needs consideration for specific rules and regulations governing them as well as avoidance of any ambiguity in their nature, circumstances and legal system.

The relationship between corruption and social trust has been the question of many researchers of the world. In this study, the impact of objective and perceptual corruption on the generalized social trust has been tested based on theoretical literature. Data of "embezzlement, bribery and forgery" and "issuance of default cheque" in the provinces of the country have been selected as the representative of the variable of objective corruption. Also, we have been used different items from the first wave of surveying on the Iranian values and attitudes in order to obtain reliable data on the perception of corruption (mental corruption) and generalized social trust. The relationship between these variables has been evaluated through using the method of ordinary (linear) least squares. A test result shows that there is a negative relationship between corruption perceptions and generalized social trust. In other words, in the provinces where corruption perceptions are high, the level of generalized social trust is low. Given that the relationship between social trust (as a major component of social capital) as well as the improvement of macroeconomic indicators has been proved through the numerous studies and also, based on the findings of the present study, it is concluded that corruption perceptions will reduce the level of social trust, so it can be concluded that the fight against both objective and perceptual corruptions should be placed on the policy agenda simultaneously. In other words, the strength of social trust level in the society will be only occurred when corruption perceptions are reduced.

In principle, the constitutional court is responsible for protecting the constitution through the application of customary laws to the constitutional principles that it is known as traditional function of this institution. The Guardian Council is also the guardian of the Shari'a and the constitution based on the constitutional principles of the Islamic Republic of Iran. Furthermore,  it is sometimes observed that the Guardian Council monitors the quality of laws beyond a single constitutional court as well as oversee parliamentary approvals in terms of normativity, transparency, stability, enforceability, fairness, coherence, and etc… through examining the Guardian Council's practical practice. This paper attempts to examine the Guardian Council's supervisory principles on the quality of laws through using analytical-descriptive research method. We conclude that although according to the legal critia or fundamental principles of the public law such as legality, incompetence and separation of powers; this kind of oversight is neglected, various foundations such as constitutional spirit, coherence principle, ensuring individuals' fundamental rights and freedoms, ensuring good governance, public interests and the protection of religious principles can justify the Guardian Council's supervision on the quality of laws. Obviously, ensuring citizens' legal security will be one of the fruits of Guardian Council's efforts to establish qualitative laws.

Both unemployment and employment are known as the most important criteria which have been considered to reach community development. In this connection, structure and conditions of age groups of population as well as their changes can have determinative effects on the economic growth and future changes of the communities. According to the available statistical data, there are many inequalities in the rural areas of our country in order to use manpower and active population among age groups. This research aims to explore as well as analyze patterns and spatial relations between the unemployed population and active population in different age groups. The research has been conducted based on the descriptive-analytical method as well as it has been question-centered. All documents, books, Persian and Latin papers as well as related statistical data to the active and age groups of unemployed population also Polcon (Political Constraint) dataset about communities have been used to collect data. The analysis of statistical data was performed through using EXCEL, Entro-Map and Arc GIS software. The local entropy map was used in order to explore as well as analyze spatial relationships and patterns in different parts of the country. Results of the research show that the youth age groups which have the mostuniform spatial pattern have the highest ratio of unemployed population to the active population in most of the regions of our country as well as both adolescents and middle age groups have been ranked second (in most of regions) for the ration of unemployment to the active population. Also, they have had a relatively uniform spatial pattern throughout the country. Subsequently, two children and elderly age groups have ranked the third and the forth in proportion of the unemployed population to active population but the elderly age group has the most unbalanced spatial pattern in Iran.

Acid attack, also called acid throwing which is the form of violent assault is known as one of the  crimes against the physical integrity of individuals that  in most of cases, it is motivated by revenging defiguring, making life so difficult for the victim and his health compromising. In target countries, it has been attempting to minimize the amount of crime committed by strict regulations. Since according to the Principles of Islamic Jurisprudence, the punishment of acid attack can not be restricted to the form of canonical penalties and punishments, the main question arises that whether it is possible to condemn the perpetrators to perform retaliation as well as throwing acid on the corresponding member in his body or not. But acid attack may cause (hot) burns in the victim person as well as burning punishment can be only investigated in the form of injury (wound). Hence, performing retaliation is only allowed when the injury caused by the crime is consistent with the injuries caused by the retaliation. This research which has been conducted through using analytical-descriptive research method also based on library research method shows that according to the (horrific) nature of acid attack crime, it is so impossible that can be repeated for the perpetrator’s (corresponding member of) body. Therefore, the judicial procedure cannot be defensible for judicial sentencing as retaliation (for acid attack perpetrators) as well as the perpetrator should be only guilty of paying a (blood of money) ransom or compensation however retaliation is less likely to be incurred as a result of the victim's injury. Although there is no room for retaliation with imprisonment, if another crime issue is realized, perpetrators can be condemnned to discretionary punishments (imprisonment, exile, working at compulsory camps and etc ...) or canonical penalties (corruption and moharebeh).

Rural housing is an objectified entity of economic activity and social relations which any involvement in this physical structure requires to consider various biological aspects such as livelihood, housing, and sustainability. Current houses which are located in rural settlements are facing poverty and deprivation in various dimensions. Hence, it will be impossible to address the issue of rural housing poverty without considering a multi-dimensional approach. In this connection, the study aims to evaluate multi-dimensional rural housing situation through considering five criteria such as housing shortage, household density in residential unit, structural strength, ownership and infrastructure area. Hence, six western provinces of our country (including Kurdistan, Kermanshah, Ilam, Hamedan, Lorestan and Zanjan) have been selected as the statistical community as well as poverty rate of rural housing will be measured through using both indicators of the ratio of poverty rate (HI) and the ratio of poverty gap (PG) based on statistical data and official sources. The paper has been conducted through using analytical-descriptive research method based on an applied approach. Furthermore, COPRAS Ranking Technique as well as Point-to-Point Weighting (PPW) method were used to analyze the data, in addition to these two indicators mentioned above. Results of the research show that while rural areas of the mentioned western provinces (of our country) are facing housing poverty, poverty rate and severity are different. For instances, Hamedan Kurdistan provinces have been ranked the highest areas in terms of housing poverty as well as small areas of living space respectively. But in terms of congestion, structure and property, Hamedan, Kurdistan and Kermanshah provinces have had the highest poverty rates in rural housing respectively. ‍Consequently, results of the COPRAS ranking technique show that Kurdistan, Kermanshah, Lorestan, Hamedan, Zanjan and Ilam provinces have been ranked the highest and lowest areas which are facing rural housing poverty respectively.

Illegal distribution of copyrighted materials in cyberspace of our country and others is quietly widespread. In spite of the obvious legal vacuums, some works such as videos, music recordings as well as musical performances also scientific texts can be sent throughout the world. Publishing works in foreign countries' databases, or accessibility of intellectual works by on-line service providers to subscribers at a global scale are one the biggest legal challenges.  Acts of copyright infringement can instantaneously and simultaneously occur in several countries. Since the accessibility to digital networks is universal as well as interactivity allows recipients and transmitters (of copyrighted works) to change roles, it is difficult to determine the place where an intellectual work is produced, reproduced, distributed, violated or infringed. Concerning international documents, the determination of a competent court is subject to the determination of copyrights infringed. But it is ineffective due to the cyber ultra-network. Hence, the article has discussed a new criterion called "court of the place of business of Internet Service Providers (ISP) to determine the competent court regarding those matters through using library research method that lawmaking can be great help resolving legal ambiguities.

This paper aims to identify dimensions of soft power resources of the system in higher education based on a comprehensive scientific plan of our country as well as to present a model. It has been conducted based on explanatory sequential mixed method approach for data collection and analysis as well as purposive sampling which is used to combine qualitative (semi-structured interviews) and quantitative (researcher-made questionnares) research methods in a sequence of (two) phases. Quantitative sample size was 384 nos who were selected from among 936491 students of Tehran Province's universities through stratified random sampling. Also, purposive sampling was used as well as data collection tool was a researcher-made questionnaire. Its content validity was confirmed by experts as well as its reliability was estimated 0/943 through using Cronbach's alpha. Qualitative data analysis was performed through using (three coding stages of the grounded theory) Struus & Corbin 1998, content analysis and quantitative data analysis which are performed based on using factor analysis, (optional) sample mean and sample t-test. The results explain eight dimensions and nineteen components for soft power resources in higher education. Considering that the significance level (p <0/000) of the single sample t test for all components of the research model was less than 0.05 and the observed t (4.93) corresponds to the mean of all components evaluated in the model is more than critical t (2.756), the research model was appropriate and confirmed. Consequently, it is suggested that the research model (for higher education) is used, each of identified dimensions and components are addressed to remove management, structural and other obstacles as well as a comprehensive scientific plan a comprehensive scientific map of our country of our country is implemented in order to utilize higher education capacities in promoting soft power of our country.

The unfair term as a disturbing factor of contractual balance is one of the most controversial issues on contract laws or contractual terms. A party somehow abuses a superior economic relying on these terms. On this situation, one question is raised: Is there any solution to deal with these terms considering the principle of freedom of contract in contract law? Results of this study which has been performed based on the descriptive and analytical research method shows that in both (Iranian and Iraqi) legal systems, there is no general rule which can provide full support clearly to the weak side although using general rules such as (the theory of) defects of will and etc. as well as judges' use of interpretative rules of contracts also some rules such as public order may give a few support for only some cases. So legislative interference in offering an appropriate solution is inevitably necessary. In order to develop the appropriate strategy, the legislator should consider the following points: Generality of laws which should cover all related cases to unfair contract terms. Since all aspects of contracts and terms should be measured in order to recognize their unfairness, the judge's role and authority should be emphasized by the proposed rules. Furthermore, a proper solution should be offered to support the weak side to preserve the contract as much as possible also, it can lead to the cancellation or modification of unfair (contract) terms.

Public policy on social phenomena has attracted the particular attention of the countries in recent decades. One of the most difficult areas for policymaking is modern or emerging virtualization/cyber-security technology area. Due to the dynamic nature of cyberspace, regulation on this area as well as its impact on the general economy, political and security sensitivities of this space also technical difficulties requires to be more seriously addressed. Unfortunately Due to the criminal capacity of cyberspace, it has become a priority for some criminal policy systems. Accordingly, criminal policymakers as a part of the governing systems are perusing legislative criminal polices towards the regulation of various aspects of crimes, including technological crimes. This dimension of criminal policies plays a strategic role in determining macro preventive as well as countermeasures against criminal phenomenon since it means planning, modeling and creating an effective action plan on the criminal justice system's perpetrators such as new technological issues which needs "virtual currency" policymaking that it has a lot of criminal capacities due to its unique features. With respect to its nature and function, there are various virtual currency types which each of them has certain characteristics. For instance, Bitcoin as an example of virtual currency which some of its features differentiate from another. Therefore, in the present study, some of the leading countries' policy approaches on virtual currencies particularly, "Bitcoin" have been investigated through using descriptive-analytical research method. Then an appropriate approach to criminal policy in the context of the risk-based approach to criminal policy was explained. Furthermore, all efforts have been made to provide solutions to improve the current situation through criticizing the Iranian criminal policy.

The effective role of the stock market in economic growth and development can't be ignored. This market can improve economic production and investment through supplying resources and savings. Interactions between financial markets, including interaction of capital market and the foreign exchange market are being considered more than ever through the expansion of financial markets as well as the establishment of dynamic relations between markets by researchers. In this research, interactions between the Iranian stock market and foreign exchange market have been analyzed as well as  in respect of the existence of outlier data in financial series, the Quantile regression approach has been used to analyze these interactions. The robustness is considered as one of the characteristics of Quantile regression approach which means that the estimated results are not sensitive to outlier observations as well as the violation of model assumptions in relation to the dependent variable data. Linkage between the foreign exchange market and the stock market are different in various deciles of stock return through using daily data (five days a week during 2008-2018 decade. In middle and lower deciles of stock returns, there is no significant relationship between these two markets while in high deciles (in the prosperity condition of stock market), deep and meaningful relationships are seen between them.

The possibility of creating devices and machines which have capabilities to think and learn that they lead to raise a lot of ethical issues as well as ensure that these machines do not harm humans and other creatures or even themselves. In spite of many advantages, the evolution of technology in the field of artificial intelligence and robotics have some disadvantages. One of the disadvantages is: Who is responsible if a smart robot injuries to a person or property? Producer, user, owner or a robot itself? The manufacturer produces the robots which include pre-assumptions and limited information then sales them to the users. These robots are able to adapt to the environment as well as self-study because of certain algorithms embedded in it. So the robot’s behavior is not predictable for the producer, user or the owner after it comes out of the production environment because the smart robot can decide independently or without human supervision. Therefore, the aggrieved person can hardly prove the fault of the robot as well as its attribution to the producer or the owner. In this connection, the issue of granting legal personality has been proposed by the European Union to address the responsibility gap as well as support of the aggrieved party. This paper tries to answer the question that granting legal personality to the smart robot is possible? We have concluded that now, granting legal personality to smart robots is impossible for different reasons through using analytical- descriptive research method but there will be feasible to grant the legal personality if the robot is autonomous as well as having a complete/legal will.