نشریه تعالی حقوق
سال یازدهم شماره 3 (پاییز 1399)

The subject of reception the immaterial property is one of the new subjects that has been raised with regard to the expansion of the use of immaterial property in the present era. Although there is no explicit rule in the Iranian law and Imamie jurisprudence about how to make a reception the immaterial property, but it is possible to present a new theory on this subject based on the general theory of reception in Imamieh jurisprudence and Iranian law. In this regard, the present article attempts to describe the conditions under which the general theory of reception in Imamie jurisprudence and Iranian law. Finally, this article proposes a "theory of dominance over property" on immaterial property reception.

Since the late nineteenth century, in the literature of economic analysis of law, economic efficiency, along with the ideals of order and justice, has been proposed as a philosophy of private law in order to maximize wealth to create public satisfaction. Therefore, in the present study, we seek to answer the question whether in private Iranian law, the purpose of the rules is to achieve justice or economic efficiency? the ultimate goal in the philosophy of private law is to guarantee the right, that is, to regulate the relations of individuals (by establishing law) by means such as the law and the procedure of the courts, in order to achieve the right. In the meantime, justice and economic efficiency are also the criteria and indicators on the basis of which the right and the wrong are defined. Accordingly, efficiency, if not inconsistent with Islamic standards, can be the basis of legislation and judgment, and its optimal values are defined based on the thematic scope of law. Explaining that the role of economic efficiency in the formal and substantive areas of the law market is more colorful and in the non-market areas of law is less.

Due to the abstract and credit nature of legal entities, the manner in which these individuals commit crimes is different from that of natural persons. Legal entities have committed crimes through their representatives, and therefore it is necessary to lay down the rules and rulings for prosecuting and investigating their crimes differently from the investigation of crimes. The Code of Criminal Procedure provided for the investigation of the crimes of such persons. It was clear from the beginning that these nine articles could not cover the entire process of investigating the crimes of legal entities from the beginning to the end, so there were challenges and obstacles in prosecuting and investigating the crimes of legal entities that need to be identified and solutions. Challenges and obstacles such as summoning a legal entity, issuing a criminal warrant, informing the charge, dissolving the legal entity during the preliminary investigation or the possibility of legal entities having access to some favorable institutions are the defendant of these challenges. The present study tries to provide solutions to face such challenges and obstacles in order to conduct a preliminary investigation of crimes of legal entities in a descriptive-analytical method and using library resources.

National lands and natural resources are among the public property and belong to all citizens, so it is worthwhile to pay more attention to the public interest and the enjoyment of all. Crimes against national lands and natural resources are an old wound and a pain of erosion that has deepened and widened, especially over the last two decades, in a way that has found an organized way and formed a network of violations. Given the importance of Anfal and the emphasis on Article 45 of the Constitution on the protection of public property, we have seen the enactment of various laws and regulations to prevent such crimes, but the policy of setting multiple laws and enforcing coercive punishments for reasons such as improper interaction. Relevant organizations, non-implementation of the cadastral plan, dispersal of laws, tolerance in the execution of punishments, lack of information of the State Property and Deeds Registration Organization and weakness in expertise and specialization in practice have not been successful. In this regard, and based on preventive criminological considerations and considering the problems facing criminal measures.

Ensuring the rights of individuals in a society is one of the most important issues supported by legislators, which is very important in the pre-trial stage. Therefore , in addition to countries, international documents have paid attention to it as well. Among the cases restricting the liberty of individuals , stop and search is one of the cases that lead to the violation of the rights of individuals, including the right to liberty and privacy. Therefore, it has been considered by the legislator in Iranian and English law. Judicial officers as the authorities responsible for conducting stop and search, have various duties and powers in this field, the violation of which conflicts with the right to privacy. Furthermore , a stop and search can reveal new reasons for committing a crime, so an illegal stop and search can lead to the invalidity of such evidences due to the illegality of the method of finding evidence, in order to ensure a fair trial. A comparative study of stop and search in Iranian and English criminal law can reveal its strengths and weaknesses in these two countries.

Informal values of morality and common sense are the hidden layers of the penal system. The interaction of ethics and common sense due to the nature of stability and universality of ethics and the evolution and relativity of common sense has been the battle of the views of social science thinkers, including criminal law. The interaction or conflict of ethics and common sense has wide dimensions in criminal law discussions. The focus of the challenge of ethics and common sense is in the conflict of justice and security in the criminal law system. Explaining the relationship between ethics and common sense in criminal law is not possible without referring to a unified theory in practical wisdom. In this article, under the principles of Transcendent wisdom and relying on the Conventions (i'tibariat) theory of Allameh Tabatabai as the general theory of practical Islamic wisdom, the relationship between ethics and common sense in the field of criminal law with special focus on the challenge of security and justice has been studied. The result of this research is that under the practical wisdom of Islam, the conflict of justice and security in criminal law issues can be resolved.