نشریه تمدن حقوقی
پیاپی 14 (بهار 1402)

The Covid-19 pandemic has created challenges and concerns for the whole world, so that it has forced international organizations to take measures at the global level in this critical situation to reduce the problems of governments and people. In this article, an attempt has been made to answer the question of what measures international organizations have taken to protect children's rights during the outbreak of Covid-19. For this purpose, the actions of a number of these organizations, especially those that have the mission and claim to protect children's rights, have been examined. Investigations showed that with the spread of the pandemic and the resulting crises that put children's rights under serious threat, each of these organizations tried to take appropriate measures to protect children during the pandemic. Among these measures, the cooperation of these organizations with the governments has been in the form of providing solutions, guidelines, as well as providing humanitarian aid and health items and financial support to the governments involved in the disease and in need of help, especially the developing countries. Although these measures have been of great help to the governments involved in the disease to adopt a strategy appropriate to the rights of the child to control and contain the epidemic, it has not been enough, because we witnessed the occurrence of severe damages in the field of children's rights, which can be said that it has even overshadowed the progress of the past years.

One of the most dangerous social harms that human society has suffered from since its inception is violence, and among these, violence in the family is the most dangerous and costly type of violence. Violence in the family, like any other social phenomenon, is caused by factors that must be identified in order to combat it. Therefore, the present research in order to understand the factors of violence in the family in order to prepare the ground for combating it, the individual and social factors of this type of violence with the benefit of Quranic verses, interpretive narrations, comments of commentators and combining the results Field research has explained by descriptive analytical method. The results of the research show that factors such as jealousy between children or couples, suspicion between couples, couples not knowing each other or parents not knowing their children, discrimination between children, especially between half brothers and sisters, poverty and public culture play an effective role in the occurrence of violence in the family. It should be said that the discussion of the causes of violence is an important and fundamental matter, if not to say that its importance in fighting violence is more than the discussion of ways to prevent violence, it is not less than that. But getting into solutions requires a separate space and this research does not have the capacity to discuss factors and solutions together. Therefore, we leave the study of solutions to another opportunity.

Third-party funding in international arbitration (TPF), as one of the methods of funding arrangements for international arbitration is an emerging phenomenon whose use is rapidly increasing, it plays a very important role in the development and expansion of international arbitration, and it has also challenged national legislators. This phenomenon has gradually attracted the attention of the arbitration community and as an undeniable and important fact, along with the expansion, different aspects of it are revealed. In less than a decade, TPF has entered the main stage of the international commercial arbitration market. On the one hand, "TPF" puts many bankrupt companies or small and medium-sized companies and even many large companies in a position where they can pursue their lawsuits in international arbitration authorities without financial worries; And on the other hand, it gives many investors an opportunity to use their funds in such a new business after experiencing the global financial crisis of 2008, which is not dependent on the functioning and profitability of financial markets or capital such as stocks. The development and expansion of any phenomenon first of all requires its cognition. It is expected that reading this article will help to understand this concept in Iran's legal system. No matter how much the use of "TPF" in international arbitration develops and expands, this issue will cause the expansion and development of arbitration. For this reason, this phenomenon has been introduced as the most important factor in the development of international arbitration in the world in the coming years.

Children are the most vulnerable group in human societies, especially in wars, which reduce the level of safety and security to its lowest level and expose them to any kind of risk. Unfortunately, we witness that many children's rights, including the right to life, the right to health, and the right to food, are subject to being lost due to the internal and external wars that have taken place in the world.. Therefore, all children of armed conflict and war should be given special respect and protection In terms of international law, all children of armed conflicts benefit from the protections determined in the international human rights system and the general and specific provisions foreseen for non-humanitarian people. From the point of view of jurisprudence sources, including the Holy Qur'an and the life of the Prophet (PBUH) and the infallible imams (PBUH), the rights of civilians, especially children in war, have always been recognized in Islam, and the verses in the Qur'an and the practices and sayings of the Prophet (PBUH).) And Masoomin (pbuh) is a proof of this claim. The current study examines the protection of the rights of children in war from the perspective of Islamic jurisprudence and humanitarian rights. It is a human hypothesis that Islamic jurisprudence and friendly law are very similar in supporting the rights of children in wars.

Alternatives to criminal prosecution, which is a manifestation of the principle of proportionality of criminal prosecution, can be considered as the third way and the intermediate method of unconditional prosecution and archiving the case; In addition, the criminal is not left without prosecution and the goals of the punishments are achieved without the person entering the criminal justice system. In American law, which is derived from the common law system, the principle of having a position of criminal prosecution that alternatives to criminal prosecution It is a manifestation of this principle, it has a greater manifestation than the other principle; Because there, the prosecution of the accused begins when there is sufficient evidence against the accused and the public interest requires the prosecution. There are other sub-conditions, such as the benefit of the victim (unlike Iranian law, where the willingness of the victim is a condition in some crimes( and there is the observance of moral principles, all of which can be considered as factors of the development of this principle and, as a result, alternatives to criminal prosecution. As a result of the researches and studies, some aspects of alternatives to criminal prosecution were brought to the attention of the legislator in the approval of the Criminal Procedure Law approved in 2013. But this amount, it seems, is not enough and the application and implementation of this small amount also faces challenges which in this research with descriptive-analytical method, these challenges are in the form of cultural challenges (Tendency to punish and lack of attention to The goals of punishments) executive (absence of an organization to care for criminals and lack of financial credits to apply alternatives to criminal prosecution), legislative (It is not mandatory to file a character file in all crimes and apply alternatives to criminal prosecution with strict conditions) and judicial (inflation of criminal cases and weak training of judges) will be examined by looking at American law.

Today, the stock exchange is considered as a center for attracting community funds and also preventing the negative consequences of increasing liquidity among the people on the economy and the welfare of the society, and stock exchange transactions are called as the pulse of the economy of countries. In this regard, the stock market is an organized and official market where transactions such as securities such as company shares and partnership bonds are concluded. Stock exchange transactions are one of the commercial transactions that the traditional provisions of the civil law cannot adequately meet the needs of these transactions, and these transactions are conducted only by brokers, and they perform the transactions as representatives of the parties. These transactions are governed by principles such as the principle of competition, the principle of information transparency, the principle of prohibition of the use of confidential information and the principle of supervision. The characteristics of stock markets and transactions have caused that the general rules of the civil law and other regulations are not enough to regulate stock market transactions. In other words, the major differences between stock market transactions and other transactions require that certain principles and rules govern stock market transactions, so that currently the Civil Law, the Commercial Law, the Securities Market Law of the Islamic Republic of Iran approved in 2005, the Transaction Code In Tehran Stock Exchange Company and its affiliates approved in 2006, the executive instructions on how to conduct transactions in Tehran Stock Exchange approved in 2010 and the instructions for registration, depositing, settlement and settlement approved in 2009 in the stock exchange govern.

The issue of the difference in rights between Muslims and infidels is clearly visible in different aspects of jurisprudence and  law. On the other hand, it seems that Islam emphasizes the principle of human dignity in all its principles and rules, so it should be seen whether this difference in rights between Muslims and infidels is compatible with the principle of human dignity. This research, which was carried out with a descriptive-analytical method, shows that the generality of the Qur'anic verses and the non-assignment of dignity to Muslims, the first principle in relations with non-Muslims, the principle of justice in rights, the basis of human rights and the principle of freedom of opinion, reflect the whole view of inherent dignity. It is for all human beings. Therefore, it seems that those proofs of human dignity that are in conflict with the proofs of the difference in rights between Muslims and infidels refer to acquired dignity. Therefore, all human beings, both Muslims and non-Muslims, have inherent dignity, but in the field of acquired dignity, it is the individual's choice that under which rank he can enjoy what rights.

Criminal policy is a set of responses of the community body, both criminal and non-criminal, to the criminal phenomenon. Delmas Marty believes that we should choose a concept of criminal policy in which most of the answers have a non-criminal approach, but in contrast to the German Feuerbach, he often has a criminal approach to the community's answers, from which Iran's criminal policy also derives. Defendants' disgrace is one of the derogatory and criminal reactions, mainly by the police. Of course, a few of them arbitrarily and not all of them; which cause the infamy of this great institution; It takes place as an arm of power and Implementation of criminal justice. In the meantime, according to the religious teachings and customs prevailing in Iranian societies and culture, we find that this type of treatment is not commensurate with human dignity and status and also from the perspective of law Criminal, criminological theories and international documents can be criticized. Therefore, the analysis of Iran's criminal policy in relation to this approach is of particular importance to show the inaccuracy of this action. In fact, the main question of this research can be expressed as follows; What are the criticisms and flaws of Iran's criminal policy regarding the disgrace of criminals and defendants, and basically, is this way of dealing with defendants acceptable from the perspective of jurisprudence, Iranian criminal law, and international documents? In this research, it has been answered by searching and studying library resources and studying jurisprudential works and criminological theories.

Immaterial  properties are assets that do not exist externally but are recognized by society and recognized by law. According to one view, all objective rights (such as easement), the right to do business, goodwill, and intellectual property rights (intellectual property, literary, artistic, industrial, and cultural heritage) are among the immaterial properties. In Iranian law, the ownership of this properties is recognized. Relying on general legal provisions, the transfer of immaterial  properties cannot be considered a sale and, as a rule, the transfer of immaterial properties is done in the form of Article 10 of the Civil Code and indefinite contracts; unless the Civil Law is amended, or the jurisprudence, as a unified procedure, approves the attachment of the transfer of this property to the sale, or the laws that have been approved later, recognize the transfer of the cases of this property as a sale. In the amendment bill of the Trade Law approved in 1968 and the Securities Market Law approved in 2005, the words "buy and sell" have been used repeatedly, and it seems that the legislator has been identified the share sale of companies, which is one of the examples of immaterial and non-intellectual properties. The sale of key-money is a "transfer" in the Landlord-Tenant Relations Law of 1977, but in the practice of trade and even lawyers, everyone talks about the sale of key-money. Typically, the key-money transfer documents of shops and stores refer to its sale instead of renting or transferring interest and key-money. But in the case of the right to acquire or profession or trade, despite the fact that the custom of buying and selling this property is clear, in terms of the contradiction of the society's perception with the explicit ruling of Article 338 of the Civil Code, it is still not possible to consider Iran's rights as surrendered as a definite custom of the society.

AbstractThe contract of Abra' has different effects and results. Several reasons have caused differences in jurisprudential religions whether Abra' is a unilateral or bilateral contract. There are Quranic verses and hadiths where "charity", "donation" etc; are used as contract of Abra. Most of Islamic jurists have used donation and charity as a bilateral contract and require acceptance from the payee. On the other hand, due to the difference in the nature of Abra', it is like donation and charity considered as a unilateral contract. There is also a doubt that donation is a contract. The condition of not accepting the debtor does not always cause the debtor to conclude Abra' as a contract. Assuming that the condition of not accepting the debtor causes his/her annoyance; this does not contradict with his/her responsibility and Abra' is considered as unilateral contract .There are also disagreements in the abandonment or possession for Abra' that cause it to be a bilateral or unilateral contract. These disputes have caused some Imami jurists to stop interpretation for Abra' as they were not sure if it is unilateral or bilateral contract. Sunni jurisprudential religions consider the occurrence of Abra' different from the word "Hiba" (donation). Considering the reasons that conclude Abra' as a unilateral contract, the legislator should reconsider the definition of Article 289 of Civil Law and stipulate in the definition of Abra' to prevent various interpretations of civil law. The present study is performed using descriptive and analytic methodology.

FATA Police is known as the only active unit in the field of protecting citizens' rights in the cyber space. This police is responsible for fighting the violation of civil rights in the cyberspace in two dimensions: prevention and prosecution. Cyber police eliminate the opportunities to commit cybercrimes by adopting preventive measures along, so that it is possible to implement all the rights and freedoms of citizens in cyber space. The two-way relationship between FATA police and cyber citizens requires that the institutions of this police, guarantee the observance of citizen's rights in the cyber space. In the current research, through the library study of documents and by analyzing and describing the role of FATA police in protecting citizen's rights, the negative aspect of the activities of this police in cases of violation of citizen's rights in the cyber space has been addressed. The appropriateness or not of Iran's legislative criminal policy in relation to the violation of citizens' rights by the cyber police is a question that this article is responsible for answering with the aim of pathology. It seems that with a logical interpretation of Article (570) of the Islamic Penal Code as a general authority in determining the guarantee of criminal execution for the violation of any citizen's rights and freedoms in the cyberspace, FATA police can be considered responsible.

Corruption, especially administrative corruption, has adverse effects on various dimensions of human society's life and is one of the main problems facing the world's political systems. The ratification of the United Nations Convention against Corruption Merida 2003 is an international confirmation of this. In the legal system of Iran, by joining this convention, various measures have been taken in the two dimensions of preventing administrative corruption and dealing with it criminally. In addition, Iran's legal system has also paid attention to international cooperation to fight corruption. According to the results of the research, there are still serious problems in some areas to effectively fight corruption, and the most important problems in this field is the lack of criminalization of administrative corruption. In the private sector, the non-adoption of differential criminal procedure for administrative corruption crimes, the absence of a comprehensive national program for the prevention of administrative corruption, the existence of parallel regulatory institutions and the lack of detailed explanation of their duties, are the lack of serious attention to the internal control system. Therefore, It can be said that Iran's legal system does not have the necessary coherence and coordination in the field of dealing with administrative corruption. Solutions to improve and promote the fight against corruption in two theoretical, research and practical formats should be considered. Solutions such as local and comparative research on the root corruption, including the large size of the

criminal policy is a different term that has a special place in the science of law, and due to the limited scope of activity, competence and people under its coverage, it has received less attention; The importance of recognizing the differential criminal policy, especially in the field of armed forces proceedings, can be seen as subordinate to the importance of the principles, organizations, ideals and goals of the armed forces, which act as the pillars of every country and protect the security and comfort of the people; Military proceedings can be considered as one of the main and most important examples of differential proceedings, which is itself one of the branches of differential criminal policy in the legal system of Iran and the United States of America.

The present research was carried out with a descriptive-analytical method.

The differential criminal policy of the Islamic Republic of Iran and the United States of America is a security-oriented approach in dealing with crimes against security by the armed forces, considering that maintaining order and security is of high importance.

The results of the research indicate that the armed forces of the Islamic Republic of Iran and the United States of America have considered a strict criminal policy for the perpetrators of these crimes due to the importance of crimes against public security and peace.