نشریه حقوق بشر و شهروندی
سال چهارم شماره 1 (پیاپی 7، بهار و تابستان 1398)

The correct and effective implementation of judicial rulings confirms the establishment of the rule of law and demonstrates the ability and efficiency of the judiciary in the system of governance of societies. This issue is doubly important in the case of judicial authorities that deal with citizens' complaints against government and administrative bodies. The necessity of studying and pathology of the mechanism of execution of judgments in the Court of Administrative Justice also stems from this fact, because for the above reasons, the execution of judgments issued by this body is fundamentally different from other judicial authorities and can be used as an indicator of citizens' rights and freedoms. He counted. For this purpose, the present study, with a descriptive-analytical and pathological method, has designed and studied some of the most important issues and challenges of implementing the rulings of the branches of the Administrative Justice Court. The research has divided the challenges in this field into three parts: structure, process and procedure, and while examining the examples of each title has provided solutions to improve and streamline the enforcement mechanism of the rulings of the Court of Administrative Justice.

The protection of victims' rights has a special place in Islamic legal thought and important international documents; Legislative and judicial challenges have made the dignity of the victim vulnerable; The victim's claims are not limited to compensation for his material damages, but his mental and psychological interests and desires are significant. There is a penalty; However, the new Code of Criminal Procedure shows that the legislature in many cases has clearly paid special attention to the rights and dignity of the victim, but the implementation of these laws in the judiciary requires special supervision, especially that some current rights are violated. Also in cases not implemented or different from the purpose of the legislator; However, the constant attention of the judicial authorities and the supervision of the supreme judicial authorities in this regard is helpful.However, the constant attention of the judicial authorities and the supervision of the supreme judicial authorities in this regard is helpful.

Attention to the principles of restricting the rights and freedoms of citizens in society is one of the issues that play an important role in explaining the restriction of rights and freedoms of citizens by legal systems. In the meantime, paying attention to the self-interest of individuals in legislation is an approach that is called "paternalism" in the philosophy of law. The adoption of this theory expands the scope of criminalization and restriction of actions based solely on the "principle of harm". Given the existence of Article 40 of the Constitution, which states that the conditions for exercising the rights of individuals are "no harm to others" and "prohibition of encroachment on public interests", the question arises as to "What is the legal status of Iran?" The present study seeks to answer this question with an analytical-descriptive method and with library tools. Justification of legislation based on paternalism and the existence of examples in private law as well as criminal law, which seems to be able to justify their existence in the Iranian legal system based on this view, causes the determination of legislative criteria in the Iranian legal system beyond the principle of harm. To know.

Given the priority of economic activities, including employment in the general policies of the system and the slogans of the Supreme Leader in recent years, business activities are one of the most important research topics. The Supervision of the judiciary, as one of the basic levers in law enforcement, has a special role in overseeing the executive apparatus and improving the business environment due to its higher binding nature than other oversights. Among the various institutions of this branch, the Inspectorate General of the country has a more supervisory relationship with the executive apparatus, according to the responsibilities set forth in Article 174  of the Constitution and other ordinary laws. There are many gaps in the Supervisory of the National Inspection Organization on these devices, which as a result can have adverse effects on the business environment in the country. Accordingly, in this article, to improve the supervisory performance of the inspection organization in improving the business environment by recognizing the supervisory capacity of the organization and describing its supervisory challenges, solutions that can improve the supervisory quality of the organization and, consequently, facilitate the business environment. And offer lead work.

Many human rights reports are presented annually by international organizations, governments, various non-governmental organizations, etc. on the human rights situation in different countries and address various human rights issues such as racial discrimination, abuse of the rights of the poor, violence against women and children. The right deals with health, the prohibition of supporting terrorism, and so on. An increase of more than 50% in the distribution of pornographic content, an 11% increase in violence against children in one year, the strengthening of extremist and racist groups, etc. are part of the deteriorating human rights situation in Germany. This article tries to investigate the cases of human rights violations in Germany, which is one of the claimants of human rights in the world, using official international reports and European databases and away from any political point of view. The research method in this article is descriptive-analytical And each human rights issue is addressed separately.