نشریه تحقیقات حقوق خصوصی و کیفری
سال چهارم شماره 1 (پیاپی 8، بهار و تابستان 1387)

The main purpose of this research is to study the perceptions of the teachers of Firoozabadschools about the effective political factors in the rate of people’s participation in presidentialelections. A questionaire based on Likert scale with a satisfactory validity was used to conductthis research (chronbach alpha=0/70). The questionnaire had five dimensions which werepolitical awareness , political freedom , political competition , elections security and propaganda.The population of this research was all official teachers of elementary , guidance and high schoolsof Firoozabad. The sample was selected by random – cluster sampling.The results of the research were as follows:1- From among the dimensions of political awareness , people’s awareness of the importanceof participation in election had a maximum mean and precise knowledge of political partiesand groups had a minimum effect on people’s participation. The ANOVA table showed asignificant difference among means at 0.0001.2- All dimensions of political freedom had an effect on people’s participation in elections.The maximum mean was related to the freedom of media and newspapers and theminimum mean was related to the ability of non-governmental political groups. TheANOVA table showed a significant difference among means at 0.0001.3- As for the political competition factor, the maximum mean belonged to the lack ofpolitical organization to control the function of deputies after election, and the minimumeffect related to non-interference of military, governmental and controlling organizationsin favor of any special candidates or groups. The difference among the means was asignificant one at 0.0001.1 4- All dimensions of election security had an effect on people’s participation in elections.
The maximum effect belonged to hiring dependable people to run elections and theminimum effect related to avoiding superficial elections. The ANOVA table showeda significant difference among means at 0.0001.5- All dimensions of propaganda had an effect on people’s participation in elections. Themaximum effect belonged to the vast participation of magazines and newspapers inintroducing candidates, and the minimum effect belonged to political lectures by thecandidates. The difference among means was significant at 0.0001.6- According to the perception of teachers , propaganda had a maximum and political freedomhad a minimum effect on people’s participation in elections. The difference among meanswas significant at 0.0001.

Homicide is considered the most grievous offence to a reasonable creature in which the offender ispunished and faced with severe penalty. But in some cases, people do something that makes themsubject to blood money nullification . This issue is treated in Islam as blood waste.From special proceedings of fatal offences, sole jurisdiction of the judiciary to arraign,prosecute and punish the accused as well as the principle of legality of the crime and therelative penalty and the right to counsel, we come to the conclusion that no one is rightfulto kill a person at the thought that his/her blood money is nullified. In case he does so, he issubject to retaliatory punishment and Note 2 of Article 295 with some specification isallocated to the wrong belief in the issue. With the omission or at least adaptation of thenote we are able to hinder some branches of the country’s supreme court to bring the wrongbelief in their judgement also pave the way towards more igorous proceedings by the judge.

Under Chirac, France, in accordance with the Gaullistic principles of her president, tookdistance from American unilateral policies. Such a policy brought about the disintegrationof two western powers from each other, increasing the cost of the foreign policy and finallyweakening her conventional Middle East achievements. Moreover, this policy, whiledemonstrating inefficiency of Gaullistic principles in the new international circumstances,resulted in the advent of novel variables such as the emergence of new powers in the shadowof US preponderance, clash of civilizations and especially putting forward the theory of Islamand West conflict and globalization of Economy. To respond the existing costly situation, thenew generation of French politicians, through revising the foreign policy, have approved offinal integration of France with the US within Trans Atlantic policies.This paper examines both French new foreign policy and its origins. It also shows despiteverification of the French policy makers in revising the Gaullistic principles, their new policyof integration with the US in some regions like the Middle East has been achieved only on thebasis of pragmatism, and not necessarily because of the French definite understanding of thenew international circumstances. The findings of this work demonstrate that for France thisvery transition period diplomacy has brought about positive results such as a decrease in thecost of foreign policy as well as promotion in her Middle Eastern prestige and position.

A Passing review of the history of the power structure in the third world societies indicatesa fundamental principle: A long written history of autocracy and dominance of despoticgovernments and personal rules.Asiatic or Oriental Despotism (Karl Marx), Oriental Patrimonial Rule (Max Weber), AsisticPatrimonial Despotism (Ahmad Ashraf) and the Sultanistic Regimes Theory (Linz and Shahabi)are models advanced to explain such a structure of power.The theory of Sultanistic Regimes is a relatively new and different theory which compared toother theories has demonstrated considerable potentialities.However, this theory has not-found an appropriate position among the models explainingnon-democratic structures.The present paper is an effort to explain and analyse the theory of Sultanistic Regimes andintroduce the main theorists.

Development of the legal rules pertaining to the cancellation of contract for marriage underthe Iranian law has been influenced by both the religious opinions of the Islamic juristsand the doctrine generated by legal scholars. The latter is distinguishable by its efforts toaccommodate for the current needs of the society. Neither of the two sources can be its duecredit, but what should always be borne in mind is the original reason for which cancellationof marriage was primarily introduced. The reasons which entitle a person to opt out ofa contract for marriage, regardless of whether they have been expressly enumerated by theshiite Imams or explained in general terms by them, could not be changed. Hence, eventhough some of the diseases that would have given such a right to the other party could nowbe easily cured, this medical development could not deprive that party of his or her rightto terminate the relationship.Changes in this regard could be justified through expressing contractual terms whichin case of noncompliance with the description would result in an option to terminate. Inthis manner the option could be extended to new diseases. As to diseases that could nowbe easily cured in a manner that they would have no effect on the marriage relationship,jurists such as Dr. Mohaghegh Damad have tried to use principles such as the principle ofla zarar,the principle of la haraj, the principle of misrepresentation(‘’ghorur ‘’), option fordeception and option for nonocompliance in order to find a solution. Using the principle ofla zarar seems to have many advantages . This is the best way to change the scope for whichthe right to terminate the marriage contract has been foreseen. Thus, not only could thisright be extended to new diseases, in case of those diseases that are now easily curable,the right could be revoked.

The fall of the Soviet Union converted the international system and its actors because of itsinfluence on them and power distribution. Besides, it had some effects on various geographicalparts, both friends and enemies’ and created a new type of regional relation and competition.The transformation of regional countries’ Caucasian and Central Asian, condition, reinforcementof cultural and economic elements in relations among countries, the development ofnongovernmental actors in the sense of kind action and number, invigoration of non-governmentalelements such as human rights, faith, religion and nationality should be mentioned as the mostimportant effect of the Soviet Union dipolar government collapse.The general changes in the power of international system perspectives to strategic andgeostrategic regions and ups and downs of this geographic region have been a consequenceof this dipolar system collapsing. Upon this, we could observe the absence of the SovietUnion power in strategic and geographical regions including Caucasia and Central Asia. Inthese regions known as Eurasia, some contradictory trends have been revealed. On the onehand, The US government’s competition to complete the global hegemony and Russia’scompetition to complete a regional hegemony in Eurasia have been manifested.On the otherhand, Russia attempts to exercise influence in the region and create a regionalist hegemonyleaning against Moscow after the Putin era was witnessed. Also, the competition of China,Russia, Africa, Iran, India, Turkey along with the attitude of other countries in the region forreinforcement of convergence and divergence trends from Moscow create several trendsinEurasia which have reached their climax in Uzbekistan, Ukraine, Georgia and Caucasia.The primarily formed competition between America and Russia and the tendency ofboth toward completion of their hegemony in Eurasia from besides other national and7 regional trends caused two different probabilities which have been mentioned in the case of Eurasia:First, the hegemonist government of the USA could be prospered to compensateRussian absence in the region and make it a second grade power all over the world.Second, Russia would profit the Soviet Union contemporary heritage and maintain,develop and strengthen its competition with the USA.The persistence of this competition can cause bloody disputes, competitions and challengesin the region among Russian west-oriented countries.The purpose of this study is to understand regional and superregional actors fromthe various national, sub national and international angles and the combinationof them. Upon this, this paper tries to study The impact of the competition between the USand Russia on the regional changes through the related means such as OECD, WTO andPFP, CSTO of them and Shanghai Union.It also wishes to show that obtaining Eurasia regional crude oil and its distribution amongwest and Europe are discussed as a main reason for the USA and Russia competition.According to our investigation we believe that the establishment of oil and gas pipelines andits exportation to west can be brought up as the most important USA and Europe strategy fordistinguishing Caucasia and Central Asian countries from Russia and occupying its powerin the region which cause the economic, political, financial and martial independence ofother regional countries from Russia’s concentration.8

Philosophy in the 20th century (and accoridingly Political Philosophy) has been surprisinglypreoccupied by the issue of Language. The emergence of Analytic Philosophies, HermeneuticSchools, Structural Linguistics (Ferdinand de Saussure) and the emphasis put on the lingualcharacteristics of «Existence» by Existentialist Philosophers such as Heidegger on the one hand,and Post-Structural criticisms concerning the linguistic concepts- held by Lyotard and Drida,have totally made Philosophy «language-embodied». However, in Liberization which isconsidered by Habermas the supplementary part of un-completed project of Modernity,Exagurative Linguisticsm is considered the main obstacle against Ideology criticism. Insisting theTranscendental position out of language domain is a pathway for Liberization from a completelylanguage-embodied world.This research has been seeking for such a critical possibility. We suppose that the ExagurativeLinguistism prevents Ideology criticism. In order to fully cover the thought of Liberization, it isnecessary to adopt a Pre-Lingual and Pre-Hermeneutical supposition and to apply the languagewhich can be part of Ideological Hegemony, in favor of criticizing the Ideology and from thatpoint, language should serve Ideology criticism.

The purpose of this paper is to study triad concepts of the English school Theory ofInternational Relations. In this regard, it is divided into three sections: international system,international society and global society. These concepts are parallel to three internationaltraditions of thought: realism, rationalism and revolutionism. Founding fathers of theEnglish School emphasize rationalism via media.

Soft power is the ability to form the preferences of others. This ability can be used in two areas,On the one side, to help the national will in order to establish national security and, on the otherside, to accept the activities of a government by public opinion in a national and internationallevel.Regarding this matter, this article is willing to, through disclosing soft power trinity sources(cultural, political, economic) and using Delphi technique and the pyramid of hierarchy whileinvestigating the indexes of trinity sources, determine their priorities over each other and thenwith the aid of Pearson’s Cohesion method tell their relation with national security indexes.This article shows that in the priority of main norms (trinity sources of soft power), culturalnorm has the highest degree, which means six times economic power and three times politicalpower. This undermines the fact that cultural power potentially and political power can possibly(planner and facilitator) affect the providing of soft power.The aim of this research is to provide a desirable model, in which the highest capacity of eachbranch should be used. So three indexes which have gained the highest score in the three abovementioned domains are elected as the schema.In cultural domain the three indexes of having Basij’s beliefs, being loyal to the country’swisdom and being theocentric; in political domain political leadership, revolutionarypersistence, desirable and perfect diplomatic communities; in economic domain commercialpolitics, economic assistances and foreign investment can be taken into consideration. Thismodel can be used in a long time in order to establish and develop national security throughsoft power. In this case economic domain will not be neuter any more and political domainwill be directly effective. This procedure will assist branches to develop together. In thiscase we can be hopeful to establish and develop national security in a long time.

This article is about department stores-huge, comfortable and really useful shops which startedtheir life at the beginning of the 20th century and nowadays have become an inevitable part ofpeople’s life.This kind of sale has numerous distinctions from local stores. First of all, the seller displaysthe goods he wants to sell on the shelves of the store. On the other hand, the buyer collects hisneeds while he is walking around the shopping area. She can choose an article without beingbound to buy it. Finally, she comes near the cash desk and puts the things on the desk. The sellerpasses them across the cash register, and announces the price. The buyer pays the money andreceives the receipt.The main question is which one of these acts makes the offer? And when does the contractconclude?In this research, it has been attempted to talk about the time of concluding the contract andpassing the ownership. Although it seems that the best one would be the one resultingconcluding the contract across the cash desk, but all the possible suspensions in the articlehave been stated.