فهرست مطالب

نشریه تحقیقات حقوق خصوصی و کیفری
سال یازدهم شماره 1 (پیاپی 23، بهار 1394)

  • تاریخ انتشار: 1394/02/01
  • تعداد عناوین: 6
|
  • لیلا عیسی وند*، محمد توحیدفام صفحات 11-38
  • شهلا معظمی*، مهسا شیروی، معصومه صالحی صفحات 39-59

    این مقاله باهدف تبیین تاثیر زندان بر تکرار جرم زنان و تکرار جرم مدد جویان آزاد شده؛ با بهره گیری از تیوری های جامعه شناسی و آسیب های اجتماعی نظیر آنومی، برچسب زنی، خرده فرهنگ بزهکاری، معاشرت ترجیحی؛ به بررسی علل و عوامل تکرار جرم زنان، به عنوان یک مسیله اجتماعی مهم در جامعه پرداخته و بر ارایه راه های کاهش تکرار جرم مددجویان آزاد شده تمرکز می نماید. پرسش اصلی این پژوهش عبارتست از این که چه عواملی بر تکرار جرم و بازگشت مجدد زنان به زندان موثر است. روش مطالعه ی این پژوهش به شیوه پیمایشی وبا استفاده از ابزارهای پرسش نامه محقق ساخته توام با مشاهده و مصاحبه می باشد. جامعه آماری این پژوهش کلیه زندانیان زندان رجایی شهر در سال 1390 می باشد. نمونه آماری 200 نفر از زندانیان سابقه دار مرد و زن -در دو گروه شاهد و تجربی- بوده که به صورت نمونه گیری تصادفی طبقه بندی شده انجام گرفته است. اطلاعات جمع آوری شده با استفاده از آمار توصیفی و استنباطی و آزمون های پیرسون، کای سکویر (خی 2) و با استفاده از نرم افزار spss مورد تجزیه و تحلیل قرار گرفته است. یافته های تحقیق حاضر نشان می دهد که بین عوامل فردی از قبیل سن، تحصیلات،... و بازگشت مجدد به زندان رابطه وجود دارد، همچنین آزمون های آماری معتبر گویای این موضوع است که بین میزان عدم پذیرش در خانواده و محیط اجتماعی رابطه معکوس وجود دارد. به عبارتی هرچه میزان پذیرش زندانی از سوی خانواده و محیط اجتماعی پس از آزادی کمتر باشد امکان بازگشت مجدد بیشتر خواهد بود.

    کلیدواژگان: زندان، تکرار جرم، زنان، عدم پذیرش در خانواده، مراقبت بعد از خروج
  • جعفر جمالی*، افشین رزاقی صفحات 75-87
  • مرتضی شهبازی نیا*، سعید بازگیر صفحات 89-116
  • سید عباس پورهاشمی*، علی زارع صفحات 117-127
|
  • Leila Isavand *, Mohammad Tohidfam Pages 11-38

    Iran is one of the most important sectors subsidies in the economic development plan that leads to a change in the process of giving subsidies. In the process of phasing out subsidies for fuel, food, water, electricity and other items of a change in that part of the subsidies are removed (60% in 1390) was paid in cash to citizens and other income This will only work, and cultural development. This work was conducted in late 1380 and much of it was done in the early 1390. The subsidies referred to as the greatest economic history project. According to official statistics of the Ministry of Economic Affairs and Finance, the first phase of the project failed and resulted in more households were below the povertyline. In this article, believe the failure of targeted subsidies policy implemented in the first phase of the deal.

    Keywords: subsidies, targeted subsidies, Economic Policy, Public Policy
  • Sh. Moazemi *, Mahsa Shiravi, M. Salehi Pages 39-59

    This article aims to explain the impact of the women's prison recidivism and recidivism released , using the theories of sociology and social problems such as anomie, labeling, criminal subculture, preferential association to investigate causes Women recidivism, as an important social problem in the community and to provide a way to reduce recidivism of released patients are the focus. The main question of this research is that the factors on recidivism and return to prison is effective in women. The methodology of this study with the use of questionnaire survey with observation and interviews. The target population is all prisoners in Rajai Shahr prison in 1390. The sample of 200 male and female prisoners were divided into control and experimental record, which was stratified random sampling. Information collected using descriptive and inferential statistics and Pearson tests, and analyzed using SPSS software. Results of this study demonstrated that personal factors such as age, education , And return to the prison there, also valid statistical tests show that the inverse relationship between the rejection of family and social environment, there are more words in accepting prisoners from the family and social environment of less freedom is not possible to will be returning.

    Keywords: prison, recidivism, women, denial of family, care after exit
  • Ali Safary *, Sahar Seifi Pages 59-73

    One of the most important problems that every criminal justice system is faced with is the problem of unreported crimes to criminal justice authorities. The results of surveys carried out in different countries show that various factors affect the rate of reported crimes and lead to unreporting crimes. In this paper it is intended to analyse three of these factors including type, importance, and location of crime. While victims have a high tendency to report property crimes they refuse to report sexual crimes. Therefore in most countries unreported sexual crimes are more than others. Sometimes, there are victimless crimes, which mean they don’t have any real and identifiable victim. When these kinds of crimes committed, for different reasons such as lack of awareness of victim from the committed crime there is no complainant to report crime and we can see unreported crime in a high level. When a crime against the physical integrity of individuals occurs or a significant loss of life and property results from the crime or the offender uses from fatal instruments in committing crime people tend to report crimes. Location of crimes has also a significant impact on the rate of unreported crimes. The results of the researches show that when crimes are committed in public places, people's willingness to report crime is different when compared with crimes committed in private places. To adopt an efficient criminal policy in order to fight and prevent crimes, a maximum awareness of the quantity and quality of crimes and victimization in society, specially accurate and reliable statistics are needed. Therefore to identify the factors of not reported crimes and providing suitable solutions to reduce the rate of not reported crimes can contribute to the success and credibility of the criminal justice system and related institutions. It also helps criminal policy to adopt appropriate and effective measures to reduce the phenomena of crime and delinquency. or-latin; mso-bidi-font-family:Arial; mso-bidi-theme-font:minor-bidi;} One of the most important problems that every criminal justice system is faced with is the problem of unreported crimes to criminal justice authorities. The results of surveys carried out in different countries show that various factors affect the rate of reported crimes and lead to unreporting crimes. In this paper it is intended to analyse three of these factors including type, importance, and location of crime. While victims have a high tendency to report property crimes they refuse to report sexual crimes. Therefore in most countries unreported sexual crimes are more than others. Sometimes, there are victimless crimes, which mean they don’t have any real and identifiable victim. When these kinds of crimes committed, for different reasons such as lack of awareness of victim from the committed crime there is no complainant to report crime and we can see unreported crime in a high level. When a crime against the physical integrity of individuals occurs or a significant loss of life and property results from the crime or the offender uses from fatal instruments in committing crime people tend to report crimes. Location of crimes has also a significant impact on the rate of unreported crimes. The results of the researches show that when crimes are committed in public places, people's willingness to report crime is different when compared with crimes committed in private places. To adopt an efficient criminal policy in order to fight and prevent crimes, a maximum awareness of the quantity and quality of crimes and victimization in society, specially accurate and reliable statistics are needed.

    Keywords: Unreported Crimes, Victim, Delinquency, Judicial Authorities.
  • Jafar Jamali *, Afshin Razaghi Pages 75-87

    One of the important evidence proving the claims in legal  document. The document has been providing various definitions in the sciences and in other words, this concept is considered from the perspective of different sciences. In law as well as the traditional concept of document ins 1284 of the Civil Code defines which means any written document that is referred to as the fight or disposal. This concept is true in the case of written documents. But with the development of communications technology and the development of e-commerce transactions and Internet Treaties, the concept store documents for a new phenomena Evidence was introduced. Special documents to electronic documents in the system is evidence of the important issues of law. Especially with the adoption of e-commerce law and the position of the law, raising these issues is crucial. Role of Probative value and because of its ensuring the efficiency of judges Of course it can be said that the legislative purpose of the probative value of particular cases proving some cases is known only through some possible reasons In the case of official documents by the official document on the legal goodwill with goodwill and included in the contract to pay its share is about creating the right legal conditions and the type of sheet is in stock. Electronic document refers to data that is the message and the message considered normal that the document is normal.

    Keywords: Evidence, Written, Electronic Documents, E-Commerce, E-Commerce Law
  • Prof.Morteza Shahbazinia *, Saeed Baazgir Pages 89-116

    Arbitration as an alternative mechanism for the judicial system of high rates of speed, leaving the formalities, expertise, efficiency and cost is less than other solutions. However, this mechanism can be monitored in the absence of a known threat to public order. Public order as jus cogens principles of non-codified legal system and other support such as the morality of values that every person is superior will and decision. This will be a contract or framework agreement could be an arbitration award. In any case, as in the private sphere taken a decision contrary to public order, that decision is deemed to be invalid. In the form of arbitration mechanisms, processes and threads form of jury selection, trial, judgment, evidence in arbitration and enforcement of arbitral award are emerging, each of these processes can be studied from the perspective of public order because of the way the violations public order form, will cause invalidation of privatization would be created.

    Keywords: arbitration, Domestic, International, Public Order, The Form
  • Seyed Abbas Poorhashemi *, Ali Zare Pages 117-127

    International environmental law as a branch of public international law, above all, is based on the pre-emptive rights and caution. From the perspective of international environmental law,the formulation, adoption and implementation of environmental rules and regulations, intended to protect the global environment with an emphasis on the precautionary approach. Therefore, the international community has been trying to find the solution to protect the environment and prevent environmental damage causing from industrialization and economic growth. In this context, the precautionary principle is one of the basic principles of international environmental law that has been emphasized by number of legally binding and non-binding documents. However, implementation of this principle has always been faced with technical difficulties and legal problems. This study aims to investigate the legal basis of this principle, to show some of the obstacles and possible solutions to remedy legal gaps arising from implementation of the precautionary principle

    Keywords: Precautionary principle, International Environmental law, Environmental assessment, Legal, Administrative Gaps