نشریه مطالعات میان رشته ای فقه
پیاپی 4 (پاییز 1400)

Globalization has had its effects on all areas of human life, including various fields of jurisprudence. The globalization of intellectual property rights and their effects in the legal system of many countries can be exempted from this challenge, but in Iran due to the conflicting views of some jurists by limiting the scientific, literary and artistic fields and somehow monopolizing it to some extent, which presented a serious challenge in accepting this branch of science in the legal system. Recourse to universal methods for applying formal and substantive rules of intellectual property rights and the influence of modern legal systems on global legislative treaties and finally the texts that have forced this branch of law to follow the universal rules of intellectual property rights, is a fact that cannot be ignored. Therefore, the commitments of governments, including Iran, in terms of intellectual property rights are to the result that its tools have been provided for the states for many years with the joint cooperation of specialized institutions of the World Trade Organization. In this article the descriptive-analytic method was adopted, and we tried to clarify the concept of Globalization and its connection to intellectual property was explained, then after analyzing the reasons that advocates and opponents set out; we considered the obstacles in this area. In this regard, the Iranian government must abandon the old interpretations of jurisprudence and deal with a new understanding of the effects of globalization on intellectual property rights as a fact.

To include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´s rights of citizenship were explored and analyzed. The results showed that, in Islam, the women´s rights of citizenship are of three aspects including primary rights, social rights and marital rights. Also, positive discrimination in favor of women is one of the social policymaking methods in Islamic Teachings as a solution for compensation for discriminative behaviors and realization of the women´s rights of citizenship. Ambiguities ascribed to Shiite jurisprudential approach regarding equal rights to women and men results from the fact that many humanistic schools don’t believe in distinctions between the similarities between women´s and men´s rights and the equality of those rights. This point can be analyzed in various issues such as heritage, punishment, testimony, divorce, judgment, and authority. Due to superiority of Islamic approach, in developing the women´s rights of citizenship its teachings can be followed and introduced as a model for legal schools.

Legal rules are human in nature and are designed to protect human beings. Applying the mentioned rules to human beings is characterized by the attribute of dignity, which should never be considered as a tool. But in some cases, existing laws and procedures have violated human dignity. As a basis in the Islamic legal system and in the approach of contemporary jurists, human dignity has been proposed as the basis and point of connection between the protection of human rights and civil rights. Knowing the difference between the two concepts of civil rights and human rights, at the domestic level, the doctrine of human rights protection confirms theories that have considered dignity as the cornerstone of the establishment and implementation of legal rules. In this article, the authors have tried to explain these views by analyzing the existing principles and have discussed its relationship with citizenship rights. The research method is descriptive-analytical.

According to the Quranic criteria in the sixth verse of Surah An-Nisa, puberty is a natural phenomenon with the actualization of sexual talent and reproductive powers, which in jurisprudential and legal principles, girls reach the age of 9 years and boys reach the age of 15 as the beginning. The duty is considered to be religious, civil and criminal obligations and responsibilities. However, the willingness to accept the responsibilities and limitations of puberty for girls and boys of different races, diverse climates, as well as differences in community culture and social health status and other factors, is not the same. Setting a fixed standard for all of them seems inappropriate. Therefore, the researcher with the aim of re-reading the jurisprudential and legal principles in the category of maturity criteria, while paying attention to the audience of hadiths in the critique of jurisprudential citations to maturity narrations, the rate of maturity variable in heterogeneous climates according to field research and Measured and examined medical components. According to the results of the present study, girls and boys living in cold climates and weather conditions have reached puberty with a considerable delay of their kind in the warm regions of Siri and at an older age have a correct understanding of social responsibilities and duties. They find themselves.

With the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. Victim support is an indispensable and indisputable factor in criminal proceedings. This support has various manifestations that governments usually try to provide at least. The Iranian legislator also in the Criminal Procedure Code of 2013, defining the word "victim" and addressing rights such as the right to be recognized and to be given the right to be victimized have the right to be informed, have immediate and easy access to the criminal justice system; , The right to confidentiality of investigations, compensation of victims, the right to legal aid and assistance and special representation to the victims, the equality of rights of the accused with the equality of arms, the right to medical and psychological protection, the rights of the victim at the stage. Appeal, in line with ethics, has shifted its course toward the moral rights system. There is much to think and research about since this orbital ethic in the Iranian penal system has not had such a long history.Comparative studies in this article show that the above rights are in line with the rights found in the Statute and Rules of Procedure of the International Criminal Court; therefore, the Code of Criminal Procedure adopted in 2013, despite its theoretical objections and possible drawbacks He has tried to have a uniform and ethical view of the rights of the accused and the victim in relation to the previous rules of our country. To this end, it has made assurances that this realization will be possible in the real world. On the one hand, by providing ...

The process of differentiation of criminal procedure in the field of Economic criminality is due to factors such as globalization of criminal law, inability of the criminal justice system and inefficiency of traditional principles of criminal procedure in responding successfully to it. In this process some of criteria such as specialization,rapidity and severity of the criminal response are followed. Approval of executive by-law on how to deal with major crimes disrupting the countries economic system which was approved on 29/09/2020 during the Economic War of post (JCPA) is one of the examples of this process, which according to Article 19 the majority of the rulings of courts subject to this article are final and despite severity of charges and convictions they lack appeal stage and sole purpose is to ensure execution of the sentence. This issue is not compatible with the recognition of the right to appeal as one of the principles of governing a fair trial.

the present Article has been done by descriptively-analytically method.

we have come to the conclusion that this issue is in the line with the criteria for describing the State of Emergency in some international documents and seems to be justifiable. Also, in the opinion of the authors it seems to be essential the recognition of the right to appeal against all rulings issued by-law in the courts subject to this regulation which is similar to that provided for in the Code of Criminal Procedure (2013) for Wartime Military Courts.