فصلنامه مجلس و راهبرد
پیاپی 114 (تابستان 1402)

Wetlands, as one of the richest ecosystems on earth, have the most biological diversity. Nowadays, with the passing of time and the human population growth, the harvesting of wetlands and the resources of their surrounding lands has been carried out with high intensity and volume causing irreparable impacts to the body of the wetland; therefore, out of a total of 1028 international wetlands registered, 55 wetlands are in the Monterey list, which includes about 5% of the total area of wetlands. Meanwhile, Iran is in an unstable situation with 6 wetlands under serious threat. Accordingly, investigating the causes of the instability of Iran's wetlands is an issue addressed by the current research which tries to examine and study these causes at a level beyond what has been addressed so far. Therefore, aided by the method of layered analysis of the causes, which is based on the future of research, it has studied and examined the causes of the instability of wetlands in Iran at four levels: litany, system, discourse, and metaphor. The geographical area under study was the entire wetlands of Iran, and the statistical population was experts and pundits in the field of environment and wetlands at two levels, executive experts and researchers. The results of the research revealed that the root of the instability of Iran's wetlands should be sought at a level beyond the primary and tangible layers. Meaning that what has caused the balance disturbance of wetlands ecosystem of Iran is not only economic, social, managerial, and environmental-physical factors but also the influence of the belief of humanism, which means centralizing humans in nature and the formation of a commoditized, instrumental and economic discourse to wetlands.

One of the possible solutions for the challenges caused by the use of private passenger cars, especially traffic, congestion, and air pollution in Tehran, avoiding huge economic costs and reducing the annual death rate, is to apply the approach of "city center without private passenger cars". The purpose of this study is to measure the stated preferences of Tehrani citizens to identify the non-market influencing components and the economic valuation of these components based on the discrete choice experiment approach and conditional logit models. The findings of the present study revealed that the "additional green and recreational space" is more significant compared to other components. The components of "parking facilities at the border of the area" and "abundance of public transportation" within the area of the city center without a car are the next priorities, and the heterogeneity in the preferences of Tehrani citizens is in addition due to these two components. Noteworthy that the source of this heterogeneity is also the demographic variables "income" and "age" of people. In the analysis and interpretation of the estimated values of "willingness to pay", noteworthy that Tehrani citizens attach relatively less significance to the components of designing a cycling path and reducing the average walking distance to the nearest station. On the other hand, they prefer components of "designing additional green and recreational space within the area", "designing parking facilities at the border of the area" and "more public transportation within the area"; In such a way that the willingness to pay them is 44,375, 30,000 and 28,125 rials, respectively, which is approximately one and a half to two times the current fares. Therefore, it is recommended that in the traffic policy for the city of Tehran, the two components "designing additional green and recreational spaces within the area" and "designing parking facilities on the border of the city center without cars" should be of higher priority than other components.

Sharia oversight of legislation has been one of the most crucial goals of the establishment and permanence of Islamic governance. Accordingly, recognizing non-compliance of laws with the Sharia rules, which is considered the duty of the Islamic ruler, has been delegated to the jurists of the Guardian Council by Article (96) of the Constitution. However, for the quality of Sharia oversight subject of Article (4) of the Constitution, any solution is not expressed on the constitutional agenda. This astonishing atmosphere has been the subject of various controversies regarding the study of the "standard fatwa". The literature review reveals weaknesses in insufficient attention to the jurisprudence of society and the inattentiveness to transparency in the expression of the arguments of Shari’s rulings. Conducting pathology organized by fundamental analysis method, the main question of the research has been regarding the requirements and strategies for the proper establishment of Sharia oversight and validation of the authenticity of the fatwa of the Guardian Council jurists. The findings of this article confirm the hypothesis that the authenticity of the fatwa of the Guardian Council jurists is dependent on the supreme leader. Moreover, reflecting the concern of overcoming the current to reach the desired status of Sharia oversight, utilizing human knowledge and experience, utmost elite consultation, and jurisprudence accountability were recognized as the requirements of Sharia oversight and strengthening the jurisprudence supervision over legislation and the absolute impossibility of oversight delegation to others were examined as strategies to achieve the desired status.

The current research seeks to investigate the unstable geopolitics around Iran affecting the national economy. Factors such as the geopolitical situation, being located at a crossroads, surrounded by arid semi-desert territories, the security concerns of neighboring countries, and the various internal conflicts during successive centuries, have put the country instability of national security and deprived the country's economic development that requires stability and sustainability and security-oriented thinking in governance has been one of the constant concerns of Iran's rulers from the distant past to the last two centuries. The research method is descriptive-analytical and collecting required data for writing and analysis is based on library research utilizing valid domestic and international references and texts. Findings reveal that the Iranian economy for centuries, especially during the three periods of Qajar, Pahlavi, and the Islamic Republic, has been involved in a fundamental and ongoing problem called unstable geopolitics in and out of its territory and the government has not been able to build lasting security in the country. The lack of lasting security and the inability of governments to overcome it has caused great economic and political costs for the country so far. Although Iran has always faced the geopolitical challenge of surrounding insecurity and various internal conflicts, this challenge has barricaded forming desirable conditions for the national economy during the last two centuries when countries were busy building their national economy. It can be said that the main challenge of Iran yesterday and today is the domination of the security discourse over the economic discourse, a vital issue for the country's development process.

The increasing significance of maintaining health, in addition to supporting healthcare activists, has also enforced to review of legal solutions to improve efficiency in this field. The special nature and position of this field have raised the question of whether the inclusion of competition law criteria in this field is justified. Does Iranian competition law have the capacity to adapt to the characteristics and features of the medical field? The main purpose of this study is to investigate the above questions and try to provide standardized answers that are consistent with the principles of competition law in Iran. In addition to justifying the application of competition law in the field of medical care, the present article tries to address some of the most important challenges facing this issue. The main cause of ambiguity in Iranian competition law is the lack of explicit and precise legal economic principles. In addition, the lack of proper attention to the rules and principles of competition law in the academic community has led to the persistence of conceptual ambiguities and doubts in this area. These shortcomings are also problematic in the application of competition law in the field of healthcare. Iran's competition law is also applicable in the field of health, however, conceptual and structural ambiguities in this field require some amendments to the law and the establishment of specific procedures in the Competition Council.

One of the most significant principles of legislation in criminal law is law wording explicitly and unambiguously. In Iranian Legal System,  the legislator has considered rebellion criminalization for the first time in 2013 in articles 287 and 288 of the Islamic Penal Code and applying ambiguous, equivocal, and sometimes general statements provided the background for court vote manipulation and judicial criminal politics straying in addition to damaging general principles of penal code; the current study has been conducted utilizing descriptive-analytical research method and its main question is what ambiguities exist in the cases related to rebellion criminalization and how it is possible to remove them? Based on the obtained results and data, it is required to modify and revise the rebellion criminalization.

Governments play a significant role in building a constructive environment for the emergence and development of entrepreneurship, which can be achieved through the implementation of entrepreneurship policy. Policy implementation is a link between the formulation and the results of the expected policies. This applied research has been conducted with the aim of designing a model for implementing entrepreneurial policies in Iran. The statistical population of the study consists of experts in the field of entrepreneurship policy, who have been selected by judgmental sampling. The data collection tool is an interview and in order to design this model, we first interviewed 14 experts and implementers of entrepreneurship policies, in order to achieve in-depth theoretical saturation. After collecting and summarizing the interview information, using the theme analysis technique, and open and central coding, 32 indicators to measure 7 factors of standardization, participation in the performance, presenters, performance environment, performance conditions, performance evaluation, and Feedback was identified. Then, in another interview with the same experts who were present in the previous stage of the interview, the pair relationship and two factors were identified and analyzed using the interpretive-structural modeling (ISM) technique, and finally, the relationship and sequence of factors were extracted in a model including 7 dimensions in 5 levels. The obtained results demonstrated that standardization is the basis of the model of implementation of entrepreneurial policies in Iran, which should receive much attention. Moreover, according to the results of this section, the factors of participation in implementation, conditions of implementation, and evaluation in implementation are among the dependent factors, which have a weak influence but high dependence. The feedback factor is the link variable and the standardization factors, executives and implementation environment are independent variables that have high influence and low dependence and are named key variables. According to the factors identified in the research, it is suggested that a national entrepreneurship document and its implementation roadmap be compiled, and in this regard, the opinions and suggestions of executives and beneficiaries should be used both in the actual identification of issues and in providing successful implementation solutions for entrepreneurship programs.

The country's banking system, which is struggling with many issues for various reasons, has become a potential environment for the occurrence of financial corruption and other crimes. Due to the bank-oriented nature of the country's economy, this phenomenon has imposed harmful effects on the entire society. The main root of corruption can be observed in the issue of conflict of interest. In this article, the issue of conflict of interests in the country's banking system is investigated by the method of the documentary, analytical-descriptive and content analysis, and its relationship with the emergence of corruption is explained from the perspective of religious and historical documents, in addition to the laws, relationships, and procedures of the country's banking system and there are instances of it. The results of the research demonstrated that legislative reforms regarding the issue of conflict of interests in the banking system and adopting procedures to prevent its realization are among the requirements of the existing conditions in the country's economic system.

Nowadays, through advanced technologies and tools such as smartphones and laptops, many people are familiar with the virtual space and the Internet, a world much wider than the real world that breaks the time and place restrictions and makes interactions and communications of people out of the material dimension and broadens the sense of freedom.; For instance, people chat about subjects in Cyberspace that they never say in real life. Cyberspace has many positive and negative dimensions, and this article examines one of its negative dimensions, namely learning criminal behavior through differential associations in Cyberspace. The idea of ​​the article is derived from Edwin Sutherland's differential association theory, with the difference that cyberspace associations have more intense effects than real space associations. Utilizing the descriptive-analytical method, this research tried to answer the question of how and by what process criminal behaviors are learned in the virtual world. And what is the difference between learning virtual and real criminal behaviors? The main hypothesis of the research is that Sutherland's theory of differential associations can be generalized and extended to Cyberspace, and perhaps, in today's modern world, learning virtual criminal behavior is more significant than learning in the real environment, since by stimulating the sense of hearing and sight in the form of images, speech, and writing, Cyberspace simultaneously increases the learning rate and becomes a criminal environment, causing the spread of criminal behavior in the real world

With the entry of the country's population pyramid into middle age and aging in the near future, it is critical to pay special attention to this issue and to provide the essential requirements to face this phenomenon. The current laws and regulations of the country are one of the main factors influencing the promotion of programs. The purpose of this study was to analyze the laws and regulations in the field of development and promotion of physical activity among the elderly in Iran. Using the qualitative content analysis method, 25 upstream documents and existing rules were analyzed. Then, semi-structured interviews were conducted with 22 key stakeholders and experts in the field who were identified using the snowball method. Finally, a network of themes extracted from data and qualitative information in two categories of form and content was obtained. In general, in the law and regulations section, according to the available upstream documents, there is a potential legal capacity of value that must be realized. However, considering the executive trustee and the required strong executive guarantee for the laws and enforcing the stalled laws, in addition to removing some cumbersome laws and approval of efficient laws, are the prerequisites for success in this area.

Considering the benefits of alternative entities for the prosecution of infractions, the legislator has accepted their use in four mechanisms. However, since most of the accused are legal persons and the criminal responsibility acceptance for the legal entities is a subject of recent attention of the Iranian legislator, the law is silent about utilizing possible alternative entities for prosecution in the case of juridical persons. Therefore, the present descriptive-analytical research, evaluating the bases of prosecution alternatives and the legal conditions for their application, concludes that from the philosophical, criminological, and practical perspectives, according respectively to utilitarianism, labeling, and reducing the use of bail for legal sanctions theories, the possibility of applying prosecution alternatives to legal entities can be justified, from a legal point of view, some of the conditions foreseen in the alternative entities of prosecution, such as the suspension of penalty, and plaintiff pardon in pardonable crimes, can be applied to legal entities. However, applying other conditions such as crime-grading in cases where the punishment has not been sentenced for the legal entity, the record of an effective criminal conviction, the appointment of a competent person to declare consent, or the application of alternative entities on behalf of the legal entity in the cases stipulated in the law and applicable orders in the suspension of prosecution according to the nature of the legal entity is associated with challenges and uncertainties which by providing solutions suggests the urgency of differentiating alternative prosecution entities relative to legal entities.