نشریه حقوق قضایی
پیاپی 27 (پاییز و زمستان 1399)

The "family", before to be a kinship group, it is one of the first public & universal institutional systems that is effective in meeting vital emotional needs of human beings and is essential for the survival of society.  In this regard, the family is very important in socializing children & meeting some basic needs.  Currently, with expansion of mass media & decline of traditional culture, different nations have become somewhat familiar with different cultures.  As well, the frustration & conflict caused by this cultural mix first affects the family (the smallest entity in a community) & then affects whole community.  Mental disorders created during life (especially childhood), sexual-physical problems during adolescence, disregard for material-spiritual issues of children, violence, parental neglect, parental disregard for their behavior and speech.  Relationship with others (due to their role modeling of children) leads children and young people to become involved in crimes variety.  These behaviors will result in destruction of themselves, their families, and the material and moral damage to society.  Factors such as importance of family-role, Parents prevention by providing psychological security, monitoring their behavior and their friends, affection and compassion for child, examining their children's educational status, proper education, religious instruction, updating their knowledge and awareness, being free from prejudices, extremes, respect for rights of children, adolescents & other family members in all matters is crucial to building a purposeful family.

The events of September 11, 2001 in Washington, DC, paved the way for the US presence in Afghanistan under the pretext of prosecuting the perpetrators of the crimes of the Twin Towers of the World Trade Organization and the fight against terrorism. According to the International Criminal Court, more than 26,500 people died in Afghanistan between 2009 and 2017. The death toll, and the submission of more than a million reports and complaints about crimes committed in Afghanistan, has prompted the prosecutor to pursue the matter. Subsequently, on April 12, 2019, the pre-trial branch of the Court rejected the prosecutor's request due to lack of justice. However, on March 5, 2020, the International Criminal Court (ICC) appealed the pre-trial ruling and issued an authorization to investigate Afghanistan. An action that provoked a strong reaction from the US government. This article briefly examines the situation of Afghanistan in the International Criminal Court from 2003 to 2020, the jurisdiction of the court and the consequences of conducting investigations in this country.

In lranian civil law,in discussing convection some rules has been legistated on intractors and convinced that each part of contract is only one person.Although ,in many contract each party is more than one person.In this research commitment,law,duties and responsibility of each party is studied.The obligations and assignment pf a cotract must be specified,otherwise,the rules and the principles should be find for it.To compensate for losses offending of the implementation of the commitment,responsibility,contract each of tge parties.  for this cases in Eurupean contracts principles is assigned surety responsibility.But in Iran the principles is based on equality that is not defended and the rights that belong to each of the parties should be discussed.

Underwater cultural heritage (UCH) constitutes an invaluable asset, which is lately being challenged by the blue growth trend and cannot be easily reconciled with the goal of UCH preservation and promotion. Maritime spatial planning (MSP) - under a place-based approach- Provides better chances for UCH to receive more attention in the future compared to other resources, since it is considered to be the key procedure for tackling growing competition among sea users  and for mitigating the pressure these users put on the marine environment. Estimations for the future identify a rise in accidental discoveries of  UCH, due to the blue growth trend and an increase in access to and work in the sea. The question is how to protect this heritage against the challenges that lie ahead.In this case, much controversy is expected, concerning the appropriate type of management for UCH. The role of MSP in decision-making process will be decisive, being about “when” and “where” human activities take place at sea, to ensure these are as efficient and sustainable as possible. In the present article, the research method is descriptive-analytical.

Compiling hearts is one of the jurisprudential teachings that has Quranic roots. The general rule of compulsion to compose hearts means appeasing some polytheists or hypocrites and even certain groups of Muslims with goals and objectives such as giving them a direct path and removing obstacles from the nature of their right to exist and attracting political cooperation of individuals and currents with the system and The Islamic Ummah, or the repulsion of conspiracies and threats, has been forged. In addition to the Qur'anic origin, the narrations and manners of the infallibles also indicate the identification of the authorship of hearts. By induction in various chapters and sub-branches of jurisprudence, such as performing hudud, levels of forbidding evil, holding congregational prayers in Mecca and Medina, and the like, it becomes clear that writing hearts in chapters and sub-chapters is used in Imami jurisprudence. So that it can be presented as a rule in political jurisprudence.

outbreak of corona virus is an international tension that is unexampled in the last hundred years. The virus was first reported in wuhan ,china in early December 2019, and gradually spread around the world. In such circumstances ,the effectiveness of international law in preserving human lives and promoting the right to health has been severely tested.  the crises caused by the outbreak of the coronavirus has attracted the attention of many philosophers and thinkers. Of course ,the human community doesn’t yet have complete information about the corona virus and its deadly dimension. Corona virus is a crisis whose domain are in a state of ambiguity. Health is an essential part of human rights and it is ,right of human beings to enjoy physical and mental health . they are often used interchangeably in international health documents. In this article ,using descriptive and analytical methods ,we explain the international responsibility of governments in the confrontation with corona virus and found that in the  un charter , the statute of the world health organization ,the universal declaration of human rights and other international and regional instruments observed in public health . the general principles governing of government compensation can also be applied to the covid19virus epidemic. In this regard ,it requires governments to  unit actions in wide range of areas ,some of which require immediate action by governments and others are fulfilled overtime. In addition some of these documents have customary features .except in part of rules of international affairs and is applicable even to countries that are not parties that are not parties to the treaty. Recognition of this right in some of the most international documents and declarations, including the 3 human rights professors  , the un charter , the statute of world health organization and declaration of development of the third millennium , show the importance of this right and the commitment of the government, in support of it in domestic polices and legislation , even mechanisms to monitor the performance of governments and the need for accountability on their part in human rights traities..

This Article Attempts To Examine The Alternatives To Temporary Detention In French And Iranian Criminal Law With An Emphasis On Judicial Oversight. The Present Article Is Descriptive-Analytical And Examines The Question Using The Library Method. The Results Of The Study Indicate That The Principle Of Innocence, The Principle Of Exclusion Of Temporary Detention, The Principle Of Freedom And Personal Security, The Principle Of Exclusion Of Temporary Detention, The Theory Of Labeling, Prevention Of Inflation In Prisons And The Principle Of Legality Of Crime And Punishment Are The Most Important Alternatives To Detention. It Is Temporary In The Criminal Law Of France And Iran. Judicial Oversight Appointments In France Are Also Divided Into Two Parts. The First Are Orders Issued To Prevent The Accused From Escaping Or Hiding Or To Eliminate The Effects Of The Crime Or Collusion With Partners And Deputies Or Witnesses, And The Second Are Judicial Supervision Orders That Have The Aspect Of Security Measures. Iran's Criminal Law, By Dividing The Agreements Into Criminal Security Agreements And Judicial Supervision Agreements, Considers The Latter Type Of Agreements As Complementary To The First Ones. In French Law, The Goal Of The Institution Of Judicial Control Is To Give The Accused Maximum Freedom That Is Compatible With The Need To Discover The Truth And Maintain Public Order. The Accused Will Not Be Imprisoned Under Judicial Supervision. He Will Only Bear Some Restrictions In His Travels, In His Social Life, And Will Be Supervised In The Observance Of The Duties Imposed On Him, But In Iranian Law, Unlike In France, Judicial Supervision Is In The Form Of Complementary Imposes A Double Obligation On The Accused In Addition To The Criminal Security Order.