نشریه اندیشه حقوقی معاصر
سال چهارم شماره 1 (پیاپی 12، بهار 1402)

During the transition from marital stages, differences may arise between couples and if it becomes acute, it may lead to separation and divorce. This research aims to answer the question "what methods are there to resolve family disputes" with an analytical and descriptive method. According to the findings of the research, there are three types of methods in family dispute proceedings. The first method is in the form of quasi-judicial proceedings and through arbitration. The second method is based on individual-oriented judicial proceedings; The third way of solving family disputes is through the perspective of therapy. The result of this research is that the methods governing the resolution of family disputes in Iran's legal system are based on individual-centered judicial proceedings and due to its special nature, proceedings based on this system are not in a way that reduces separation or complications and it has less consequences for children, especially children and even with its ritualistic, confrontational, individual-centered character, it causes the escalation of hostilities and the weakening of the family institution.

Competence of the Judicial Organization of the Armed Forces in accordance with Article (172) of the Constitution of the Islamic Republic of Iran, Article (1) of the Penal Code of the Armed Forces adopted in an Article (597) of the Code of Criminal Procedure adopted in limited to crimes related to special military duties. But, based on the necessity of some interests, the competence of the judiciary of the armed forces has developed. The dominance of the two principles of centralism and the necessity of the provisions governing the development of the jurisdiction of the judiciary of the armed forces necessitates. in the field of legislation regarding the competence of the judiciary, it is necessary to expand the competence of the Armed Forces in the same law that provided for the establishment of that authority. Therefore, the most important requirement for the development of the jurisdiction of the Judiciary of the Armed Forces is the necessity of restricting the jurisdiction of the general authorities of the judiciary. The present analytical research uses the method of studying documents and library resources to explain this issue. Based on these two principles governing the legislative system for the development of the jurisdiction of the judiciary in the intersection between security and libertarianism, the norms of a fair and just trial are guaranteed so that criminal justice is not violated.

One of the social phenomena that has an important place in criminal policies is public opinion. This phenomenon has different functions in criminal policy according to the structure and framework of political and legal systems. One of the influential aspects of this phenomenon in Iran's criminal policy is the discussions related to criminalization. This issue and the degree of impact has caused the criminal policy-makers to consider it as an important factor in determining crimes and punishments. Therefore, paying attention to public opinion in determining the basis and criteria of criminalization can have useful results for criminal policy. The current research was conducted with the purpose of explaining the role and influence of public opinion on Iran's criminal policy, with a descriptive and analytical method, based on library studies. The findings of the research indicate that the public opinion with its reaction to the incidents committed in the society has had a significant impact on criminalization and this issue has provided grounds for attracting the attention of the criminal policy makers to the public opinion. Therefore, the criminalization of acid attacks, land grabbing, criminalization of activities in pyramid companies, etc. are among the criminalizations affected by public opinion on criminal policy.

In the current era, when renewal cannot be ignored, maybe philosophy can save us from getting lost in the emptiness of ignorance - which is spreading rapidly in the world. Islamic political philosophy refers to a type of political philosophy whose foundations and pillars are based on monotheism and whose presuppositions and goals are compatible with Islamic teachings. Farabi is the first philosopher who tried to connect classical political philosophy with Islamic teachings. By reconstructing the Prophet's government in philosophical language, he presents a plan for a true and utopia government and tries to establish a link between Islamic civilization and rational and philosophical reflections. In different periods of criminal policy in the country, we are faced with different perceptions and interpretations of the concepts of individual and social rights and freedoms, human dignity, justice, meritocracy, public supervision (on the performance of rulers), accountability, transparency, security, innocence and immunity of citizens. We have seen that this issue has been the place of a wide challenge for planners and executives. The place of dispute is where we have made policies to reach a horizon that we don't know where it is? From Farabi's point of view, the philosopher's first duty is to find out the pains and crookedness of the society and provide treatment for it. In this sense, Farabi's intellectual system helps us avoid violence and base it on rationality. Therefore, Islamic philosophy needs to continue socially.

Although prosecuting criminals is one of the characteristics of a fair legal system, but from the perspective of utilitarianism and social expediency, sometimes it is necessary to abandon the aforementioned principle and turn to the principle of appropriateness of prosecution. Pursuing criminals is fair from a legal point of view and from a utilitarian and social point of view, it is directed towards the principle of the end of the pursuit. Adopting such a policy is closer to the goal of reforming the criminal and from the point of view of legal sociology, it is considered a step in the direction of avoiding labeling criminals. Therefore, the expiration of the prosecution and follow-up of the criminal is considered a chance factor in the society to avoid labeling the criminals. The above research on description and interpretation has studied the implementation of the principle of appropriateness of prosecution in the criminal system of Iran and other countries such as the former Yugoslavia and Rwanda and the military courts of Nuremberg and Tokyo. The results of the above research show that the policies of local proceedings, selection and priority, the interests of justice and the interests of expediency are the most important factors in judicial policies in the courts of the above countries. The difference between Iran's legal system and other countries is that in Iran's legal system, the principle of expiration is optional in most cases, while in the legal systems of the studied countries, it is mandatory.

Human rights express the rights and freedoms that emphasize the human dignity of people in every society, and the Internet is also a new knowledge for sending, processing, accessing and publishing information with great speed, which provides an endless scope for humanity. has brought the internet sometimes becomes a place for violating human rights and violating moral and human values. One of the most obvious of them is the category of cyber violence or online violence, especially against women and girls, which challenges the dignity and status of women. The right to freedom of expression and the right to privacy are the two basic pillars of the guarantee in order to deal with violence against women. The present research was written based on the descriptive-analytical method and on the basis of documents and library sources, and in this regard, the obtained information was analyzed by studying international documents with a practical purpose. Dealing with cyber violence at the level of prevention, prosecution and punishment is one of the obvious duties of governments in accordance with human rights documents. One of the problems faced by governments in this field is the extraterritoriality of Cybercrimes and the limited jurisdiction of governments in dealing with these crimes. It is possible that the behavior of some criminals or a part of their behavior is related to the level of cortisol in their body.