نشریه تمدن حقوقی
پیاپی 10 (بهار 1401)

Development in all fields of science and technology has caused that in most of problems, judge without referring to the professional people could not be able to realized different dimensions of one subject. With regards to this issue, we should consider that it is possible that the experts may make a mistake which on this condition, regulation and custom would be violated and on the other hand, this condition could cause that one of the parties incur a loss. Person who has incurred a loss for request of compensation, should prove fault as the civil responsibility. While as the criterion of the expert’s fault is violation from one normal behavior for a professional person in that field so because of this, the incurred person may could not be able to prove a professional fault and he would face with a challenge. Studied in judgement procedure shows that in addition of lots of verdicts based on expert’s fault from disciplinary courts, claims of civil liability against them are less and its reasons refer to the lack of awareness about presenting these claims and hopeless from any desired results and hardness. So supporting from the incurred person is needed in order to facilitating proving and solve the problems of the incurred person and reaching to his/her rights. With regards to this aim, some possibility should be provided till the incurred person could use from the verdict based on the expert’s fault via disciplinary court till he would be free from proving fault in the legal court.

Despite the fact that the teachings of public law as norms governing the structure and behavior of political power are rooted in the intellectual geography of the West and the history of modern centuries, traces of governmental studies can be traced in the opinions of Eastern thinkers of the past centuries, especially Iranian civilization. Among these, the works of Saadi Shirazi, a writer and thinker of the seventh century AH, have several propositions close to the teachings of modern public law that have been less studied and explained. The present study uses a library method to collect data and a descriptive and analytical method to formulate the discussion. As a result, Saadi Shirazi has striking similarities with the teachings of modern public law on the popular roots of government as the basis of its legitimacy and condition for its survival, and the need to respect the rights of the people as the functional norm of government and its emphasis on rationalism and meritocracy. In some anecdotes, he has even conceptualized modern norms such as freedom of criticism, the principle of legitimated expectations, and the principle of proportionality.

Today, the right to the environment is a type of human right that is considered a very important issue in the field of domestic and international law. What is more, the right to the environment is accepted as one of the concepts of the third generation of human rights in the international arena. Therefore, the implementation of this right is subject to its recognition and evaluation. The question is how the tools of criminal law as a guarantee of law enforcement in the field of environment can support this pillar of human rights? In other words, is a criminal enforcement guarantee sufficient to protect this right? This article tries to achieve new approaches in this field by descriptive-analytical method and by using library resources in the domestic and international field with the aim of explaining the criminal tools in support of this right while guaranteeing criminal performance and the existing challenges. At this stage, the hypothesis of the question is that the protection of the right to the environment in the domestic and international arenas, in addition to the protection of deterrent laws, requires the promotion of cultural foundations and the growth of economic and even political affairs of societies that have not been seen before.

Citizenship, and citizenship rights are new concepts that have paid special attention to equality, and justice, and have special role in different political, social, and legal theories. These rights are based on three principles of civil, political, and social rights, and are considered as main human rights' pillars. Citizenship rights are achieved in democratic states with three factor of membership, rights, and cooperation. A close, and mixed relation between a civic society, and citizenship is seen while studying the citizenship rights. It seems that the civic society is the precondition, and an enforcement factor for exercising of citizenship rights. In other words, if citizens play a better role in their citizenship in relation to power and politics through active and effective participation through civic institutions, they can be very effective in reforming and improving political affairs and strengthening the democratic foundations of the political system. This papers in a descriptive-analytical manner seeks to study the role, and position of the civic society in the citizenship rights beside of studying its concepts, and bases.

Capital is one of the most important special effects in the field of trade, commercial companies, especially joint stock companies, which have a special place in business relations, and as a result of the development of companies, competition and efforts to make more profit become more intense day by day. Accordingly, one of the most important issues in relation to the capital of joint stock companies is the issue of capital increase. Because it is a kind of opening the doors to the capital market and creating mobility. In Iranian law, the need to increase capital is one of the things that requires a report from the board of directors, and the company's inspector or inspectors must also approve the report. In this case, it is the responsibility of the Extraordinary General Assembly to decide on this. Under US law, the decision to raise capital is within the authority of the board of directors, however, the company's articles of association can be formulated so that the decision to raise capital rests with the shareholders and the general assembly, although the basic premise is that only the board of directors Decides to raise capital. With the increase of capital and with the improvement of the liquidity situation and the increase of the financial capacity, it is possible to expand the activity of the company, in a way that makes the companies needless to borrow and receive loans and facilities from banks.

The need to deal with crimes and attacks on the environment has always been considered by the Iranian judiciary and so far, various regulations and measures in the form of legislative and judicial policies against crimes in this area have not been effective and effective deterrence. This study aims to identify and explain the challenge of tackling environmental crimes from the perspective of Iranian law and jurisprudence.

The research method in this research is descriptive-analytical through library studies, including books, articles and researches that are related to the subject and in line with the objectives of the article.Ethical considerations: In this research, the originality of the texts, honesty and trustworthiness have been observed.

In general, at the judicial level, there are challenges such as lack of judicial strategy and policy regarding the environment, delays in prosecuting environmental crimes and lawsuits, as well as the lack of a participatory approach that can disrupt the mission of judicial authorities in order to It will guarantee the implementation of environmental rights.

Considering the legislative and judicial policy in the Iranian penal system, it is recommended to formulate and explain a unified and coherent approach to environmental crimes on behalf of civil society organizations in order to have a participatory strategy against these crimes.

Emergence of corona pandemics around the world, regardless of the economic hardships that plague airlines and carriers And aviation, paved the way for the formation of examples of international responsibility for the spread of the virus through There were also flights and air transport, Therefore, in this research, which has been prepared and adjusted by descriptive-analytical method We are looking for an answer to this key question, which is basically international aviation law and laws and regulations and documents As well as domestic regulations, what is the approach to imposing liability on airlines through broadcasting They have the corona virus. Can airlines From a civil point of view and following the theory of fault and finding the causal relationship between the behavior of airlines and loss of life Injuries to passengers due to unintentional spread of the virus due to negligence in compliance with protocols, violation of orders And the recommendations of the World Health Organization and ICAO, held responsible for violations of health principles and the like. Also the results showed that in some cases, in terms of criminal law, according to the principles governing criminal responsibility of individuals legally, airlines can be held responsible for the spread of the corona virus and the loss of life.

The growing needs of societies necessitate the need for government intervention in business and economic affairs, and it is possible to improve the quality and performance of the legal system governing government contracts in the light of some theoretical principles and practical experiences. With the increase of population and the increasing expansion of government duties in the public interest, governments are forced to conclude various contracts of public and private type. Government contracts, in spite of preserving their classical and customary foundations, are an agreement between the parties to the contract and subject to the principles of all contracts. It is a private contract. In English law, when a contract is executed and a dispute arises between the parties to a contract, the matter is brought before a public court. The government, like the parties to the contract, is inevitably subject to the legal economic analysis governing the contract in the private sector. In Iran, concluding such contracts, due to the economic and social structure and absolute supremacy of the government, have special features and privileges that private law entities do not enjoy. In the United Kingdom, this type of contract, in which the government is a party, has a special feature and this is not necessarily for the provision of public services, because in this country the concept of public services is not known, but the public interest. Therefore, in this article, the effects of government contracts on the law of Iran and the United Kingdom are comparatively examined.

After the system based on correction and treatment and the failure of the prison project, the second generation of punishment came into being, which was introduced as the restorative justice system, but in recent years, the third generation of punishment called participatory justice was discussed and accepted in legal circles and doctrine. However, with the clarification of the policy of restorative and participatory justice, the tendency towards it has increased even more and it has become more and more successful. The Islamic Penal Code also comes under various headings, such as alternatives to imprisonment and semi-liberty. Because the involvement of victims and offenders in criminal matters will be a kind of participation in punishment and participation in the rehabilitation of the offender and the return of the third side of the criminal justice system to society, in a general expression when the legislator from the title and word "can" It means that it wants to expand participation, which is more prominent in the new law on reducing the punishment of imprisonment. This research has been compiled in a descriptive and analytical manner, so that it can be considered.

In the case of litigation, some issues have a special complexity that requires the necessary expertise to identify them, and by applying technical and specialized information, the truth of the issue becomes clear. It is necessary to refer to experts and experts to conduct investigations and discover the truth in traffic and judicial issues and the validity of their reports, so that today, with the advancement of technology and specialization of affairs and techniques, more than one expert opinion in matters. Prerequisite is required and one of the desired emirates that is knowledgeable for a judge is expert theory, and this specialized science can guide the judge in reaching the truth. In litigation, expert opinion has become extremely important, to the extent that few cases can be found that do not require referral to an expert. Therefore, the correct knowledge of the issues related to the validity of the expert opinion has an effective role in the administration of justice. In French law, an expert is ordered only when it is not sufficient to examine the matter in consultation with the judge, and only one person can be appointed as an expert, unless the judge deems it necessary to use several persons to do so. Therefore, considering the specialization of many matters in judicial opinions and the expertise of many issues raised in lawsuits, the position of the expert and expert opinion of each case is very important due to the lack of coverage of the judge issuing the verdict on the chapters of specialized sciences. Accordingly, in this article, the value and validity of expert theory in Iranian and French law are comparatively examined.

Today, environmental hazards, including climate change, result from the use of energy sources such as fossil fuels. It can be said with certainty that the disrupted global system is looking for more precise solutions to attract the participation of governments to reduce environmental risks. The necessity of this reaction is effective interactions such as the concept of sustainable development, which the system of international environmental law and other sciences is gradually and multifaceted paying attention to. The purpose of this research, which is written in a descriptive-analytical method, is to explain the strategies of the political regime and the application of green democracy in the light of environmental valuation, policy-making and regulation. Undoubtedly, it can be acknowledged that the policies pursued during the World Summit and the forthcoming efforts and the importance of environmental diplomacy can alleviate the existing turmoil and the democratic role of governments become more apparent.

Human life is a fundamental and precious asset that, if used properly, can bring happiness to people in the future. Loss of life by others is one of the most important and fundamental issues that exist in today’s societies where the issue of responsibility and compensation for its loss is discussed. So, the fundamental question is, is the loss is of human life guaranteed by others? In other words, is the issue of life applicable or not? Since the main legal issues that are not explicitly stated or ambiguous in the law are based on jurisprudential rules, the present article uses a descriptive-analytical study method with the aim of examining the jurisprudential rules that can be guaranteed and compensated. Compensation for loss of life of others, have a proper basis, has been written. According to studies, jurisprudential rules such as harmlessness, waste, justice and maintaining the system in the responsibility and compensation for loss of life of people have an important role that can be based on these people, people who waste the lives of others, responsible for compensation.

The environment is a place for human survival and development, and without a healthy environment, the human soul will not achieve growth and excellence. Unfortunately, in the process of development and industrialization, countries have not paid much attention to environmental protection and in the process of profitable economic and industrial activities, environmental protection has not had an acceptable position. In this context, the issue of waste and waste disposal management has become one of the serious environmental issues. Disposal of waste in the marine and non-marine environment has caused problems such as various diseases and the destruction of some ecosystems such as seas, wetlands and forests. These problems have prompted the international community to use all available means to address them. In this regard, the process of paying attention to environmental pollution caused by waste began in earnest in the 1970s, which led to the ratification of numerous international instruments and the cooperation of international governmental and non-governmental organizations to deal with waste. Governments also sought to work diligently with the international system to develop their domestic laws in this area, given the adverse effects of waste on their economic, social, political and cultural conditions. The method of the present research is descriptive-analytical.

New contracts and legal establishments that have been formed as a result of the growth of technology and the complexities of economic relations, and which are not applicable to any of the common contracts of the legislative age, are called non-contractual contracts. On the one hand, the legitimacy of these types of contracts needs a valid reason, otherwise they will inevitably be condemned to the first principle of corruption. On the other hand, it seems that the correction of non-contractual agreements in ways other than generalities and religious applications is not smooth. Therefore, it is necessary to examine the completeness or incompleteness of reliance on generalities and verbal applications as one of the most effective ways to get out of non-common contracts in the age of descent, from the principle of corruption. Therefore, the necessary bases for the effectiveness of relying on religious applications and generalities in order to correct non-contractual agreements in a descriptive-analytical manner and library tools will be explored. The results indicate that the range of absolutes and generalities in relation to the emerging instances is acceptable.

This study seeks to analyze new biological technologies with a focus on technologies in the field of fertility and their impact on children throughout human society, including Iran. In this regard, a qualitative approach and exploratory method and documentary analysis have been used. The results show that growth and development in the field of reproductive biotechnologies leads to the following:  1. Gene transfer and trade in order for states to acquire or maintain superior genes and to destroy other human genes. 2. Production of two- or multi-linear humans, or embryos composed of dissimilar genetic components and in The result of the extinction of racial and genetic diversity 3- The export or import of simulated human embryos and the consequent normalization of human trade, the homogenization of human beings 4- Genetic manipulation and joint reproduction between humans and animals 5 - Creating black markets in the field of informal economy for buying and selling biological goods (cells, eggs, sperm, etc.) 6- Determining the genetic pattern of children in advance and producing a child with the desired genotype 7- Sex discrimination in simulation 8 - Reproduction of single people - Homosexuals 9 - Replacement of dying people 10 - Abortion and violation of the right to life of children during the embryonic period to obtain stem cells. Such developments lead to ambiguity and confusion in the structural and semantic contexts associated with children. Semantic and structural ambiguity leads to systematic violence and semantic violence against children and is intensifying day by day; the target of such violence is all the current children of the society, even the potential children and future children who will be born in the continuation of such a situation.

In order to protect the privacy of the family institution and prevent the violation of rights and duties by its members, fifth book of the Islamic Penal Code (Tazirat) adopted in 1996 has criminalized a range of behaviors in this area. The criminalization of these behaviors alone is not true to its purpose and requires careful consideration and deep attitude in determining the guarantee of proper criminal execution in order to make the criminal regulation more effective and better. Examining these criminal titles, there are harms that are contrary to the philosophy of punishment in the institution of the family; In other words, the criminal title includes the guarantee of criminal execution in order to protect and maintain the family, while the adoption of some disproportionate punishments is not only not helpful but also complicates the current situation. For this purpose, the present study, which has been written by descriptive, analytical and applied methods, seeks the pathology of punishment in criminal titles in the field of family to identify, count and describe the existing harms based on the general principles governing punishment and the purposes of the punishments are achieved, convincing, comprehensive and practical solutions have been achieved. Obviously, the purpose is to adopt comprehensive and preventive approaches, strategies and approaches from the heart of harms, and at the same time, special attention should be paid to the rights of the offender, the victim and the institution of the family.

The principle of correctness as one of the principles that can solve many judicial unknowns is of great importance, especially in the case of transactions. In this article, we intend to examine the possibility of the flow of the principle of correctness in two important areas of theological doubts. The flow of authenticity in doubt in the detail of penalties or the condition of a suspicious condition (and obstruction) Possibility of the validity of the authenticity to rule on the validity of an unnamed contract and doubt on the validity of the terms of the contract. In the first case, we believe that the flow of authenticity leads to the flow of this principle in the doubts of jurisprudence, and if we know that this is unobstructed, it goes between the principle of authenticity as a non-verbal principle with principles such as innocence, but with deeper accuracy and separation And the concept of the principle of correctness in the words of jurists and jurists, according to the principle of correctness, is sometimes considered as a verbal principle and sometimes as a practical principle, and where it is a non-verbal principle, it does not flow in philosophical doubts and thus interferes with principles such as the principle. Innocence does not take place in rulings. In the second case, the new contracts in Islamic law, the same distinction of meaning and basis can be seen in the words of the jurists, which has led some to believe that the principle of correctness in the words of most jurists is independent of the principles of rhetoric. In any case, the principle of correctness, as a non-verbal principle, applies to the subjective doubts, that is, to the contracts that are realized in the external world, and not to the theological doubts. This principle should not be confused with accuracy as a verbal principle.

Preliminary investigation is one of the most important stages of criminal proceedings, which is a set of measures and investigations. By judicial officers directly or on the orders and referrals of judicial authorities or by investigators, prosecutors or prosecutors As well as other judicial authorities in order to discover, register and prepare the reasons, including the reasons for proving the crime and useful reasons for the accused, according to the principle of innocence And its main purpose is to prepare the case and facilitate and expedite the trial. At this stage, the rights of the accused must be fully observed, including the right to understand the charge by stating the reasons, the right to remain silent and announce it. He mentioned the right to have a lawyer and to announce it, the right to prohibit delays and delays in informing the accused after summoning or arresting the accused, the right to be reminded to be careful in statements, the right to prohibit physical and mental torture during interrogation and the right to annul investigations. The Code of Criminal Procedure has been criticized for forgetting the theory of invalidity with this degree of importance and not explicitly naming it. It may be said that the legislature trusted its judges and in some cases left the enforcement guarantee to their discretion. This research has been done in the form of a library-documentary that we first studied the source in relation to the subject and then studied the field by collecting resources.

There are two factors that make the choice of the law governing the insurance contract important; First, the large number of international contracts, which of course is not specific to insurance contracts, but the ratio of insurance contracts to other contracts is definitely higher; The other is the special role of the insurance contract as a negotiable document in the development and dynamics of commercial legal relations. An insurance contract may be related to the territory of two or more countries, while the rules and conditions that must be implemented in time for such a contract are different in the law of the countries. In Iran, according to Articles 1 and 2 of the Commercial Code, and paragraphs 1 and 2 of Article 27 of the International Commercial Arbitration Law, in insurance having a commercial character, there is freedom to choose the law governing the contract, but the insurance contract has a consumer character, subject to Article 968 of the Civil Code. Is. In American law, and in the case of life insurance under Article 193 of the Uniform Commercial Code, the governing law is the law of choice unless another law has more to do with the relationship, and in commercial insurance the law of the parties will prevail provided there is a reasonable relationship (Article 1031).

The Bailment institution originates from the common law system, which has a disagreement over its position, scope, rules and effects. Bailment in Iranian law is equivalent to a deposit, bail, delivery, guarantee, and trustee translation that is not exact. It seems that Iran's closest legal entity to the Bailment is "yade Amani". There are several categories of this institution, of which the most important one can be, the classification of the Bailment on the basis of responsibility and the degree of the fate of Bailee (goods possessor). Enterprise transport operations of instances of bailment operations and has played a key role in the classification. Obviously, the purpose of the research is to identify the less-known concept of the bailment and, consequently, the effect of this institution on Iranian law and maritime transportation. Therefore, in the present study, while comparative study bailment in the UK and the US with the rights of Iran's rights and position of the bailment concept, in marine cargo as well as take a look at featured.

The crime of kidnapping, regardless of the causes and factors of its occurrence in society, is one of the crimes that have always been investigated in the words of jurists and jurists By accepting it as one of the most important crimes of the Iranian penal system, the punishment for this act has been determined. In the investigation of crimes, what is of particular importance is that while describing the three pillars of the crime, its dimensions, details and ambiguous points are examined. Although jurists have elaborated on the principles of this lamb in their own books, what seems to be important and practical for the authors is to say what is the difference between the crime of kidnapping and other similar crimes? What criminal and legislative policy has the Iranian penal system adopted in dealing with such similar crimes, and according to what criteria can it be distinguished? Naturally, the separation of the crime of kidnapping from other crimes has important effects and consequences, and apart from theoretical issues, it is also of special importance in practice. Therefore, in this study, the authors, while stating the basics of this crime, have answered the questions by following and studying the library.

The issue of extradition of criminals has its own rules and regulations, and the legal principles governing this issue are the structure of this structure. These principles have become so frequent in the present age and have found a status, status and obligation that firstly in the general domestic law of extradition of states and in the extradition treaties between them is mentioned and emphasized and secondly even if it is specified in domestic law or their treaties If not, these principles govern the actions taken on the issue of extradition. Principles such as the principle of non-surrender or the principle of non-extradition in political crimes are the framework and scope that states that sometimes use the issue of extradition for their purely political purposes, as well as principles such as the principle of reciprocity of criminal acts or the principle Allocation has become necessary in order to protect the legitimate rights and freedoms of individuals and originated from the principles of human rights vis-.-Vis governments. This study reviews these principles and provides accurate criteria and lines to assess the compliance or angle of government actions in the issue of extradition of criminals with the rules and norms of international law. Observance of the principles and obstacles explained in this study by governments can give legitimacy and legality to their actions in the issue of extradition.

With the advent of corona, various aspects of human life were transformed and affected and faced with serious challenges. One of the levels affected by corona is criminal justice, especially in the field of juvenile delinquency. The important effects of Corona on the issue of juvenile criminal justice are related to the rate of crime, the quality of prosecution and response to crimes, and the enforcement of legal guarantees for juvenile delinquents and the rights and requirements to be observed in relation to children deprived of their liberty during Corona. Therefore, this article seeks to answer the question of how the Corona virus affects the criminal justice system in terms of juvenile delinquency rates, requirements and requisites governing the accountability system and requirements for protection of juveniles deprived of liberty in Iran and the United States of America. This article will try to answer the research questions by descriptive and analytical method and by using library resources and statistics published in the media or obtained from official sources by a researcher with a comparative study in the United States. According to studies and measures taken in Iran and the United States, the conclusion is that reducing the rate of crimes committed during the corona in terms of crime rates, adopting a soft responding system, including mechanisms to reduce the criminal population, such as suspending criminal prosecution, criminal mediation, Suspension of punishment, community-based punishment in terms of the requirements of the accountability system, use of appropriate measures to ensure the health of prisoners, providing virtual connections for education and meeting with parents in terms of support for children and adolescents deprived of liberty with The intensity and variability of the variables in the two legal systems is one of the most important developments affecting the corona in the area in question in the field of criminal justice for children and adolescents in Iran and the United States.

The Armed Forces Crime Law, as a special law, due to the sensitivity of military jobs and the high costs of committing crimes in military jobs, has adopted a penal policy based on repression. Experiences gained from the trial of the armed forces during the eight years of the Holy Defense explained the punishments of the Armed Forces Crimes Law according to the adopted criminal policy in such a way that the main focus of the law is the punishment of armed forces offenders. This issue has been brought to the attention of the legislator to such an extent that even some actions and behaviors that are not related to the punishments common in the law of the armed forces were criminalized in the law in question, including evasion of service of specialists and Scholarship recipients in various fields in the Armed Forces. In the differential criminal policy of the Armed Forces of the Islamic Republic of Iran, the legislator's view of the crimes of the Armed Forces is in fact very similar to the Islamic Penal Code, so that if some specialized words and terms are removed from the law, the Islamic Penal Code We will face. The Law on the Basis for the Analysis of US Criminal Policy on Armed Forces Crimes are the two general laws of exemplary criminal law and the special law on the crimes of the armed forces. The present research has been done by descriptive-analytical method and using library and documentary sources.