فهرست مطالب

دیدگاه های حقوق قضایی - پیاپی 54 (تابستان 1390)
  • پیاپی 54 (تابستان 1390)
  • تاریخ انتشار: 1390/05/05
  • تعداد عناوین: 7
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  • Nasrollah Ansarinejad Page 11
    The sample of this study is 100 delinquents boys and 30 girls and 100 normal boys and 30 girls. Instruments of research is Cooper smith self esteem test and attitude toward law questionnaire. T-test method for independent group, Pearson correlation coefficient and logistic regression was used for analysis. The results are:Self esteem of normal group is higher than delinquent group.The attitude toward law of normal group is better than other group. The girls of normal group have higher Self esteem than others. The attitude toward police of boys of normal group have better than other groups.Between self-esteem and attitude toward law in normal girls have significant relationship. Self esteem, and attitude toward Law significantly predict delinquency.
    Keywords: Self, esteem, attitude toward Law, Delinquency
  • Mehrdad Rayejian Asli, Seyyedeh Sepideh Mirmajidi Page 33
    Since the beginning of the 70th century, after a long period in ignorance of the philosophical and moral concepts in the light of positivist approach to the criminal law and justice, new neo-classicism has sought to tackle the crime's and punishment's issues by emphasizing the classical concepts and doctrines. From the point of view of new neo-classicism, retribitivism is considered as the most appropriate and the best basis for justifying the punishment. The new approach follows a rough policy towards crime and criminals by objecting the rehabilitative goals of punishment and reaffirms the retributive attitude based on the just deserts. The article describes new neoclassicism and the main reasons of its appearance – including defeat of reform and rehabilitation idea, failure of the undetermined criminal sanction's policy, and the crisis of criminal etiology.It also explores the relation between new neo-classicism and Iranian-Islamic criminal justice system in the light of concepts which are reflected in classification of punishments contained in the Islamic Penal Code.
    Keywords: new neo, classicism, retributivism, just deserts, free choice, principle of appropriation, over, criminalization, diversion
  • Ali Asghar Karimi Page 61
    To determine the unmber of stages of proceeding for the complaints and claims petitioned by people with judicial authorities has always been one of the important issues and problems in the rules and regulation of the Civil Procedure. On the one hand due to the expeditions of adjudication of the rights of the clinets Administration and taking less time of the judicial authorities to investigate observing the rights of the protestors to the judgments of the courts, a number of Solution have been predicted the rules of the Civil Procedure in order to investigate the protests.One of the ways of protesting to the final judgments of the courts is to protest within an appeal stage by raising the caseat the highest judicial authority,namely the Supreme Court of justice. so that this court would be able to supervise the correct adminstaration of law at courts in line with its duties. Atthis stage the final judgment of the appellant is compared with the legal rules and religious terms procedurally so that the judgment would be upheld if issued correctly otherwise, it would be quashed and the case would be returned to the fellow division of the court for a second investigation.But a problem with insists concerning the protest for appeal now is that in spite of prediction of the stage of appeal in the articles 366 onward of the Civil Procedure Law of the general and revolution courts for Civil affairs. present judgments of the court of appeals concerning financial claims may not be appealed and whereas legal claims are mainly of financail nature the stage of appeal is seriously curtaild, somethig which needs to be removed as sson as possible so that judgments of the courts of appeal. at least within the ceiling acceptable by the law, would be allowed to be referred th the supreme Court of justics. In this way the Supreme Court would be enabled to fulfill its legal duty and the defendant who is subject to the final judgment of the court of the corut too, would be assured that the judgment has been checked by the highest judicial authority of the country and discerned as being issued on the basis of the leagl and religious regulations.
    Keywords: Curtailment, procedural investigation, final judegment, appeal, Supreme Corut of justice
  • Rajab Gholdoost Jouybari, Rahman Peyvast Page 91
    Realization of justice is one of the important purposes of a government and judicial system. One of the main features of every judicial system for realization of justice is judging in the right time (on-time). In an ideal judging, not only careness and quality but also speed of realization is very important, too. So that sometimes an unstandard delay at solving disputies issuing the rule (commission) causes incredible issued judgment and also leads to disappointing, hopelessness and inconstant of conferor to the judicial system.In contrast, in some cases a square (justice) judgment requires to prolong judgment process in order to explore facts and reasons for determining correct decision which is adapted with legal rules and instructions so it should be sold that every prolonging at judgment is not a factor to wastage the right and every acceleration at judgment is not factor of realization of right, too.Today according to this issue that prorogation of judgment is one of the main problem of our county's judicial system, in this article at first, will know the meaning of prorogation of judgment and then try to make clear the factor's which is related to judges of courts that lead to prolong the judgment.
    Keywords: Prorogation of judgment, judges, acceleration, inexistence of careness, supervision, justice
  • Shahab Mashhadian, Saeed Delfani Page 117
    Franchise is one of contracts that with attention to overflow benefit and other advantages is considered by many of developed and developing countries. This contract makes a new economical structure, because with this contract, it is necessary a series of obligations and forces on quality of products and services. Therefore protection of this economical institution and its law framework, leads to economical growth and development.Development of this contracts is sign of economical development of a country. Use of this contract is not customary in static and small economics.In fact, without of existence a suitable law structure, this economical institution can not acquire deserving place. For recognition and law analysis this contract in Iran, ought to review already this contract economically and recognize its varieties. Because ago of any tings, this contract is contract that it forms on market and deal with that.
    Keywords: Contract, Franchise, Trade mark, Franchisor, Franchisee
  • Mahdi Montazir, E. Qaim Page 151
    When a buyer considers that the purchased goods has been defective one, he may want to take arsh (part of price) from the seller. All of Mujtahids say that for determining arsh, we should know the cost of the defective and safe goods, then certain their percentage and multiply it in the price. Then we should deduct its result from the main price. Such result is called arsh. In this case, if the buyer and the seller ask the costs from different appraisers and they gave different opinions, the question is which cost should be adopted in our accounting? Mujtahids have different opinions in that respect as following: 1- None of them is valid. 2- One of them is valid. 3- All of them valid valid and if it is possible we should consider themall together. Those who have accepted the third opinion have offered two ways for its accounting. In the first way, that is called as the way of majority of the Mujtahids, at first we should account the average of costs of the goods in its safe condition and the average of costs of the defective goods, then wecontinue the accounting of arsh by the above formula. In the second way,that is called as Shahid Thani way, at first we should account arsh according to the opinion of each appraiser, then obtain the average of them as the extreme result. The results of these two ways are different in some cases.It will be clear that only the second way is right, after realizing the Mujtahids opinions and their reasons. I hope this solution can solve the difficulties of this issue, that legislator has not yet determined the fix way about it.
    Keywords: arsh (part of price), defective goods, option of defect, disagreement of appraisers, average
  • Abbas Nazifi, Seyed Asghar Jafari Page 179
    Armed Conflicts, or its traditional expression – war – of is one of the enduring elements in human history, because, the most important way for states to achieve their national goals and interests, and their way to settle dispute with other countries was the use of force; and the highest degree of force being war. Therefore the use of force in international law was allowed for a long – time. When Conflicts in Islamic concept is studied, one observes that Islamic is based on peace and peaceful coexistence, and war is know as an imposed phenomenon. Present study has descriptive-analytical approach,reviews the concept and nature of Armed Conflicts in Islamic and international law. This study comes to the conclusion that according to the goals, philosophy and nature of conflicts in Islamic which is know as Jihad,the Islamic notion of conflict is different from international law notion.
    Keywords: Armed Conflicts, Jihad, Peace, Islamic, International law