نشریه آراء
سال پنجم شماره 11 (پاییز 1401)

In the direction of the pathology of the judicial system in the restoration and guarantee of public rights, this article has been written in a descriptive-surveillance method, and the data collection tool is the library and field method with a Delphi questionnaire. In this research, content (face) validity was used in the formulation of questionnaire questions and construct validity was used to examine the general relationships between factors and convergent and divergent validity, and Cronbach's alpha coefficient was used to measure the reliability of the research instrument. The value of Cronbach's alpha obtained for the financial independence of the judiciary was 0.982, the acceptance rate was 0.995, the ability rate was 0.995, and the process rate was 0.992. One-sample t-test was used to analyze the data, and Friedman's test with spss software was used to rank operational budgeting factors. In order to test the overall structure of the conceptual model of the research, the structural equation test was used using pls software. The results of the T-Tech test showed that the financial independence of the judiciary does not exist at the moment. But regarding the implementation of operational budgeting, it is currently possible to implement it. Also, among the determined factors and selected components including 1- acceptance (legal-political-social) 2- ability (human-financial-technical-operational resources) 3-process (motivation-time-functional) acceptance factor for financial independence Judiciary does not have an operational budgeting approach in the Judiciary, but there is an ability factor and a process to implement this issue.

Currently, due to the needs of different strata of society for land and housing, on the one hand, and on the other hand, due to the heterogeneous economic policies of the government in providing housing for different strata of society, land and housing have turned from a consumer commodity into a commodity. Capitalized in such a way that many people who intend to increase their capital invest in this area and in order to earn more profit, they look for solutions with the lowest cost and without obtaining permits. It is necessary for the relevant authorities to proceed with unauthorized construction in the cities and its outskirts; Of course, some others even went beyond this and attempted to seize national lands, natural resources, river beds, etc., considering the high volume of violations and seizures, as well as the lack of timely action in dealing with such violations. From the relevant authorities, in the last two decades, we have witnessed the spread of phenomena such as land-grabbing, mountain-grabbing, river-grabbing and extensive conversion of agricultural lands to villa gardens in different parts of our country. An action that today not only affects the environment of the country, but also for the lack of support and the lack of effective and sufficient incentives for farmers by the government; It has affected the food security of the society. Based on this, it is necessary for the judicial system to enter into the issue of defending public rights in the field of preventing the seizure of national lands and preventing unauthorized changes of agricultural land uses in order to protect the environment and food security of the people, which can only be achieved with the correct and firm implementation of the laws. And regulations and quick and effective dealing with the wrongdoers will be possible; Otherwise, in the not too distant future, we will have to witness a major environmental and human disaster in our country. In this article, in two paragraphs, firstly, the pathology of the current situation in the field of protection and protection of national lands and natural resources is discussed, and then practical strategies for the correction and prevention of the seizure of national lands and preventing the change of unauthorized uses. Agricultural lands will be provided in order to preserve national lands and natural resources.

Person with disabilities should enjoy all human rights as others; The prospect of access to education and employment, as well as its maintenance and development, has declined due to their disability. In this regard, it is necessary to establish laws and regulations to protect them; In the legal system of the Islamic Republic of Iran, this issue has been considered and laws and regulations have been enacted for them to achieve their rights and eliminate the existing negative discrimination; In practice, however, their rights are violated at various stages. In the above research of descriptive and analytical type with the method of data collection of library type, an attempt was made to answer the question of how the rights of the disabled are assessed in the light of the votes of the General Assembly of the court of administrative Justice? The result of the above article also indicates the effectiveness of the judicial procedure of the Administrative Court of Justice in guaranteeing the rights of the disabled. Judicial oversight of the Court guarantees effective enforcement to ensure that they enjoy their rights. The General Assembly of the Court shall prevent the violation of the rights of persons with disabilities by repealing government regulations which are in some way contrary to the Sharia, the law, ultra vires or in violation of the law.

One of the most important principles and criteria of a fair trial is the right to a hearing by an independent and impartial court, which leads to the vindication of rights and the provision of citizens' rights. This principle is considered a general principle of rights, which most international and regional human rights documents pay great attention to. Independence and impartiality are important principles in proceedings. These two terms overlap a lot. However, these two expressions do not have the same meaning. The right to trial in an independent and impartial court is one of the most important rights of the citizens of the society, which is provided in the domestic laws and international documents, which ensures a fair trial. Independence in international proceedings means that the court and proceedings are not influenced by external factors and pressures such as governments, international organizations and powerful people. This concept in the internal system originates from Montesquieu's theory of separation of powers, and it means that the executive branch does not influence the judicial branch. In other words, independence is an external factor, but impartiality is considered an internal factor, which means that the judge does not favor one of the parties during the proceedings. Basically, one of the factors that ensure impartiality is independence. In proceedings and proceedings, the principle is on the impartiality and independence of the judges and members of the court, which guarantees a just and fair trial.

Social security is one of the fundamental demands of citizens from governments. The restoration of public rights in the Constitution of the Islamic Republic of Iran is also the responsibility of the judiciary. Public law is the concept of various rights prescribed and assumed for citizens in various laws. Paragraph 2 of Article 156 of the Constitution of the Islamic Republic of Iran and the "Monitoring and Pursuing Public Rights" directive of 2017 are the documents of public rights in our country. The requirements of social security in the light of protecting public rights by the prosecutor, including updating the prosecutor's approach to public rights, considering how to respond to this crime in the light of Social surveys and the fight against government crimes are in the realm of public rights protection. Subcultural cognitive conflicts, possible lack of trust in the capabilities of the criminal justice system, and strong fear of crime are some of the challenges facing this ideal. The results of maintaining social security arising from the prosecutor's activism towards public rights also include criminal governance and social capital.

Protecting the rights of prisoners is one of the most important aspects of human rights. This research, which is written with a descriptive-analytical method, tries to answer the question that what is the mission of the criminal justice system in the way of protecting the rights of prisoners in the situation of the outbreak of epidemic diseases? The principle of proportionality of crime and punishment, as well as the need to organize criminal management, are among the most important principles of prisoners' rights. In the era of epidemics, there are various challenges such as illness and as a result, the intensification of suffering caused by punishment, impairment in the correction and rehabilitation process, and also the increase in the possibility of prisoners rioting. In order to combat these consequences, it seems appropriate to adopt strategies such as highlighting the health care of prisoners in this era, granting leave to prisoners with conditions, adapting rehabilitation programs and the like. This article has found that victory in the way of protecting the rights of prisoners in this era causes the occurrence of consequences such as criminal administration, social capital, etc.