Comparative Studies in Jurisprudence, Law, and Politics

Fair trial in pre-Islamic Iran compared to Islamic teachings

Azimeh Biglari Kami iD , Ahmadreza Behniafar ^* iD , Davood Dadashnezhad Delshad iD

Fair trial is one of the important and key concepts of justice in the judicial system, which has numerous dimensions and examples. Numerous studies have been conducted on fair trial and its various dimensions. The purpose of the present article is to examine fair trial in pre-Islamic Iran in comparison with Islamic teachings. The following article is descriptive and analytical and uses a library method to examine the subject in question. The findings indicate that both in ancient Iran during the Achaemenid and especially Sasanian rule and in Islamic teachings, fair trial was of great importance and emphasis. The obligation of judges to be impartial and to judge fairly and the right to object to the verdict are among the most important evidences of fair trial in pre-Islamic Iran. The impartiality of the judge and the equality of all before the law, the right to a lawyer, and the defendant's defense rights such as citing witnesses are among the most important examples of fair trial that have been emphasized in Islam. The richest Islamic source in this regard is perhaps the life of Imam Ali (AS), who always emphasized the observance of justice in proceedings and even advised judges to treat both parties to the dispute equally.

Evaluation of the Criminal Policy Governing the Creation of Clean Air

Erfan Amirpour iD , Mohammad Ali Babaei ^* iD , Alireza Saybani iD

https://doi.org/10.61838/csjlp.466

After 22 years since the enactment of the Law on the Prevention of Air Pollution, the legislator approved the Clean Air Act. However, despite this new law and the rectification of the shortcomings of the former legislation, air pollution remains a persistent issue. This indicates that either the criminal policy underlying the legislation in this field has been inadequate or that the responsible institutions have not effectively fulfilled their assigned duties. Accordingly, this article examines the criminal policy embedded in the Law on the Prevention of Air Pollution alongside the criminal policy reflected in the Clean Air Act. Through this comparative analysis, it has been concluded that the legal aspects envisioned in the new law have been more precisely elaborated than in the previous statute. Moreover, in terms of criminal protection, the legislator—while considering the interplay between criminal and non-criminal interventions—has approached criminal intervention instrumentally, incorporating it in a detailed manner through multiple provisions and criminalizations. Nevertheless, certain elements, such as the removal of imprisonment penalties, remain open to criticism. The fundamental reason for the inefficacy of this law, however, lies in the fact that the legislator has merely emphasized the participation of the Environmental Protection Organization with other non-public institutions, all of which are affiliated with the government. This approach has, in practice, challenged the guarantee of enjoying clean air, since such participation has been neglected due to the dependency and subordination of these organizations and institutions to a single entity.

Duties of the Headquarters for the Promotion of Virtue and the Prevention of Vice from the Perspective of Experts and the General Public

Fatemeh Najjar Ajampour iD , Samad Abedini ^* iD , Mehran Samadi iD , Robabeh pour Jebeli iD

https://doi.org/10.61838/csjlp.157

This study aims to identify the duties of the Headquarters for the Promotion of Virtue and the Prevention of Vice from the perspective of experts, with an emphasis on communicative, persuasive, and media-based strategies. Data collection was carried out in two phases: the first phase involved exploratory interviews with citizens, and the findings from these interviews served as the foundation for expert and managerial interviews in the second phase. The main phase of this research was conducted using the fuzzy Delphi method. In total, 21 experts were selected as the sample, and their views were assessed. According to the experts, the headquarters, by providing a suitable platform, transfers the power of governance to the people and creates the appropriate conditions for realizing moral and social values. Attending to the needs and challenges of the people and offering appropriate solutions are also among the primary duties of the headquarters. The headquarters should emphasize the enhancement of moral and human values to prevent crimes and strengthen security and should be responsible for the proper oversight and follow-up of people’s legitimate and legal demands to contribute to the establishment of justice and balance. Active cooperation with other institutions is one of the effective indicators in achieving these values, and adopting a cultural and social approach to the management and organization of vices is vital for the headquarters. Public mobilization of the promotion of virtue and the prevention of vice, aimed at preserving morality and enhancing human and social values, is a fundamental principle that the headquarters must prioritize in its operations.

Legislative and Executive Strategies for Preventing Administrative Corruption in Banking Processes

Mahdiyeh Sadat Karimi iD , Mohammad Taghi Dashti ^* iD , Mohammadreza Hakakzadeh iD

https://doi.org/10.61838/csjlp.255

Banking operations are highly susceptible to corruption, and the corruption occurring in these operations is often significant, causing severe damage to the economic systems of countries. Therefore, the integrity of the banking system is one of the most critical factors and components of the socio-economic system, which is sometimes closely intertwined with the political systems of these countries. This study, conducted using a descriptive-analytical method, examines and analyzes legislative and executive strategies for preventing corruption in banking processes. The research findings indicate that legislative strategies, including the development of criminalization measures aligned with international instruments and the privatization of banks (considering government debt to banks), as well as executive strategies, such as implementing information systems, improving and expanding current systems (e.g., Siyada, Sepam, Nahaab, Nasim, Chakavak, Sepaas, and others), integrating banking processes (developing banks with an electronic organization model), and establishing public monitoring systems (introducing incentive and disciplinary systems and reforming the administrative environment), are among the preventive strategies for addressing administrative corruption in banking processes.

Comparative Study of Developments in the Commercial Procedural Code Bill with Emphasis on French Law

Amir Khajehzadeh ^* iD

https://doi.org/10.61838/csjlp.436

Transforming commercial litigation without considering the laws of advanced countries in the field of legislation will not be feasible, and this is also true regarding commercial laws in Iran. In recent years, a bill entitled the Commercial Procedural Code has been presented to the Parliament by the Cabinet, which introduces innovations in the field of commercial litigation. Among these innovations are the establishment of commercial courts, the adoption of electronic litigation, the significance of electronic evidence and documents in commercial litigation, the use of commercial advisors in litigation, and the transformation of bankruptcy dispute resolution, among others. Most of the provisions in this bill are derived from the French Civil Procedure Code, and the legislator's aim in this regard is to guarantee the principles of commercial litigation in accordance with updated international laws. Therefore, the aim of this study is to conduct a comparative analysis of the developments in the Commercial Procedural Code Bill with an emphasis on French law using an analytical-descriptive and comparative method. The findings indicate that despite legislative developments, the Commercial Procedural Code Bill ensures the principles of commercial litigation and aligns with the rules of advanced countries in the field of trade. There are also similarities and differences in the legislation of Iran and France in this regard.

Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Mojtaba Bagherzadeh iD , Seyed Mostafa Mohaghegh damad ^* iD , Gholam Ali Seifi zeinab iD

https://doi.org/10.61838/csjlp.471

According to the ownership regulations that governed the country in the past and prior to the enactment of property limitation laws, such as the nationalization regulations of forests and rangelands, the acquisition of forest and rangeland lands, especially within the vicinity of settlements and villages, was possible based on jurisprudential, customary, and legal provisions. Some landowners also endowed their properties and lands, which were later affected by the enactment of nationalization regulations. Following the adoption of the Single Article Law on the Annulment of Sale Deeds in 1984 and its amendment in 1992, the most recent legislative intent is reflected in the supplementary Note 6, enacted in 2001, which stipulates that lands reclaimed before March 7, 1987, and the boundaries of endowments are exempt from nationalization regulations. Therefore, considering jurisprudential and legal provisions, any lands that have been declared national lands but exhibit evidence of ownership-based occupation and customary reclamation, according to the type of land use, as well as non-reclaimed lands that are considered as part of the boundaries of endowments, remain under the ownership of the endowments and are not subject to nationalization regulations. However, regarding the extent and criteria for their determination, aside from the instances specified in Articles 137 and 138 of the Civil Code, which outline the extent of protected areas for cases such as wells, springs, and qanats, there is no further reference in legal statutes. Thus, considering Articles 136 and 139 of the Civil Code, along with other relevant regulations, as well as jurisprudential and customary rules, the registered boundaries established for lands can serve as an appropriate criterion for identifying the extent of reclaimed lands and the boundaries of endowments.

جرایم ناقض حقوق بشر و مسئولیت کیفری اشخاص حقوقی در آنها

سمیرا بخشی iD , رضا نیکخواه ^* iD , سیامک جعفرزاده iD

https://doi.org/10.61838/

حقوق بشر و در شکل جهانی آن حقوق بین المللی بشریت در واقع برای جلوگیری از تضییع حقوق مسلم انسانها فارغ از منطقه جغرافیای ، دین ، رنگ ، پوست و ... همواره مورد توجه جوامع و کشور های جهان قرار گرفته است. پذیرش مسئولیت کیفری توسط اشخاص حقوقی و جرم انگاری نقض حداقل برخی از آنها ، رعایت حقوق بنیادین بشر را زیر سوال برده و حمایت از حقوق بشر را متزلزل می کند. در این تحقیق با روش تحلیلی – توصیفی به جرایم ناقض حقوق بشر پرداخته شده است و یافته ها نشان می دهند که از سالهای قبل و در بعد از جنگ جهانی دوم بررسی و رسیدگی به حقوق افراد و انسانها همواره مورد توجه دولت های محلی و نیز مجامع بین المللی قرار گرفته است. همچنین می توان جنگ جهانی دوم را نقطه عطف رسیدگی به حقوق علیه بشریت و نقض حقوق انسانها و گروههای بشریت دانست. لذا از این واقعه جهانی به بعد حاکمیت ها و نیز نهاد های بین المللی دریافتند که باید برای رسیدگی به این موضوع مهم بایستی نهاد ها ، کنوانسیون ها و دادگاههای ویژه در راستای احصا و احیای حقوق انسانها تاسیس شوند. پس اقدام به این امر حیاتی انجام گردید. در همین راستا علاوه بر اینکه مسئولیت حقیقی و مدنی افراد مرتکب جنایت ها مورد توجه بوده ، مسئولیت کیفری اشخاص حقوقی هم بصورت ویژه مد نظر نهاد های قضائی جهانی قرار گرفت. بطوریکه اکنون با وضع قوانین خاص مربوط به ارتکاب جرایم جزایی ناقض حقوق بشر دیگر نمی توان مسئولیت کیفری اشخاص حقوقی اعم از افراد ، دولت ها ، حاکمیت ها و شرکت ها را انکار نمود.

Comparative Analysis of the Civil Liability of Company Directors in Iranian and English Law

Mohsen Eftekhari iD , Alireza Mazloonrahni ^* iD , Mansour Atasheneh iD

https://doi.org/10.61838/csjlp.449

In today's world, the significance of companies and their strategic role in economic affairs have led most countries to enact appropriate laws that establish necessary responsibilities and limitations for them. One such legal consideration is the issue of "civil liability of company directors." Accordingly, this article aims to conduct a "comparative analysis of the civil liability of company directors in Iranian and English law." From this perspective, after expanding the conceptual framework of the subject, the article examines the nature of corporate civil liability. Based on the documented sources presented in this research, the study follows a descriptive-analytical methodology, and data collection is conducted through library research. The findings of the study indicate that, first, since companies possess a distinct and independent legal personality separate from their members, they can be subject to rights and obligations, meaning they can bear civil liability. Second, although directors generally act on behalf of the company, making the company, as a legal entity, responsible, there are instances where a director's actions deviate from the legal framework or the company’s articles of association. In such cases, liability shifts from the company to the director. The results of the study demonstrate that in the common law system, particularly in England, the authority of directors in serving shareholder interests is broader than in Iran, and the role of inspectors is more extensive compared to Iran.

Comparative Studies in Jurisprudence, Law, and Politics

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An Analytical–Comparative Examination of Judicial Practice and Iran’s Legislative Criminal Policy toward Crimes Against Public Morality

A Comparative Study of the Scope of Liability of Persons Involved in Transportation in International Multimodal Transport Documents of Goods and Iranian Law

Feasibility of Jurisprudential and Legal Aspects of Computer Data Transactions with a Focus on the Government's Legislative Policy

A Critique of the Constitutionalization of Divorce Regulations with Emphasis on the Limitations of Divorce at the Wife’s Request

From Liquidity Creation to Delinquency: A Cognitive Social Pathology Analysis of Iran’s Monetary and Banking Policies

Scientific Requirements and Standards for Specialized Interviews with Child and Adolescent Victims of Sexual Abuse in the Criminal Justice Systems of Iran and the United States

Subsidiary Liability of the Parent Company for the Activities of Subsidiary Companies

The Impact of Political Conflicts on Political Development in Iran During 1991–2024

Ensuring Commutative Justice in International Trade Law (With Particular Attention to the Provisions of the Convention on Contracts for the International Sale of Goods)

The Legitimacy of Using Lie Detectors in the Criminal Truth-Seeking Process with Emphasis on Privacy and the Principle of Fair Trial

Sociological Requirements and Imperatives for the Realization of the Purposeful Development of Cyberspace from the Perspective of the Supreme Leader of the Islamic Revolution

The Concept of Modernity in the Thought of Constitutionalist Intellectuals: The Interaction of Tradition and Innovation in Contemporary Iran

An Analysis of the Role of Custom in the Wife’s Permission from the Husband

A Comparative Study of the Right to Education of Children in Imami Jurisprudence and the Convention on the Rights of the Child

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