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Open Access Article

1 - Investigating the Mutual Ethical Monitoring of the State and the Nation in the Legal System of Iran and Islam
reza nik khah sarnaghi Mohammad Reza Yazdan Yar

Humanity has always sought to create a desirable human society, in accordance with its supreme ideals and desires. In such a society, it is necessary to consider the requirements based on the legal principles, social relations based on the social contract. From this per More

Humanity has always sought to create a desirable human society, in accordance with its supreme ideals and desires. In such a society, it is necessary to consider the requirements based on the legal principles, social relations based on the social contract. From this perspective, the pursuit of the rule of law can be regarded as a prerequisite for such a society. In the light of the rule of law, individual will always enters into the decision-making system and becomes a public demand or collective will, conflicting tendencies with public opinion are a disruptive symbol of collective identity and the material and spiritual assets of people in society. Serving the perfections of individuals and society, and the political and social structures derived from the people of the nation, set these common will and aspirations the main indicator of the direction of the political system, and pursue it, the rule of law, itself, not only the common identity Identifies members of the community, but also the mutual responsibility of sovereignty and government Kidd is the responsibility of each person to other people and in the light of the right to enjoy social welfare, prosperity, welfare and social security concept is eligible. Any kind of social or political setup needs control or oversight, the methods of monitoring and controlling it in terms of supervisory status and the mode of control predicted. In this paper, we have tried to apply the four types of quasi-predicted principles Eight of the constitution of the Islamic Republic of Iran and discuss the assignments of its audience in the areas of such supervision. Manuscript profile

Open Access Article

2 - The civil and moral responsibility of the government in applying financial policies based on the criterion of heavy fault
ghafour Khoini abolhassan mojtahed soleimani amirhossein bahreini

The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial More

The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial policies. These policies have greatly influenced the fate of the people and economic activists, and occasionally caused a lot of damage to them. Accordingly, it is necessary to examine the nature of these policies in terms of the category of governance or business, the possibility of compensating for the damage and the basis for this compensation. At the end of this research, it will be clear that the application of financial policies can lead to civil liability of the state, if it is due to the heavy fault of the government or its agents. The basis for this compensation is based on the general theory of fault. Therefore, in the examples of the government's heavy blame for financial policies, such as the application of financial policies, regardless of the state of the country or the lack of monitoring of the implementation of policies and the like, should not cost the government such actions. Manuscript profile

Open Access Article

3 - The ethical-psychological foundations of the necessity for states crimes criminalization with emphasis on government models
Maaz Abdolahi Sayed Mahmood MirKhalili

All around the world, there has been love for power, competition and hatred; and the mean people have enjoyed observing the suffering of others. When the prophets of God sought to correct the people and their societies, bring reconciliation and peace and guide people, a More

All around the world, there has been love for power, competition and hatred; and the mean people have enjoyed observing the suffering of others. When the prophets of God sought to correct the people and their societies, bring reconciliation and peace and guide people, a great number of people of that time disagreed with them; because, their guidance was contrary to the superficial and common aspirations of those societies and their people. In this regard, one of the most controversial issues among the nations and governments is states crimes, which affect the physical, psychological, ethical, social and individual well-being of the citizens. No Jurisdiction, institution, or law has placed this behavior in the banned area of conduct and does not impose any liability, especially criminal liability, on the states. The present article seeks to analyze and prove the necessity of criminalization of states crime from the perspective of ethical-psychological foundations. Manuscript profile

Open Access Article

4 - Principles and reasons for monitoring people in the constitution Emphasizing the ethical approach
Ali Kazemzadeh

In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the gov More

In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the government responsible for public order, the government's oversight of the people is more important than the other one. Legally, the oversight of the state and the governments is the duty of all citizens, and everyone is obliged to do the duty of good and forbidding the wrong both to the brokers and to the laws and regulations if they violate the rights of the people. These teachings should be accompanied by a precise explanation of the theoretical and practical boundaries so that it can produce a very useful and fruitful function. In Islam and the Islamic Republic, responsible government officials, orbital ethics, trustworthiness of power, error and inerrancy, and acceptance of republicanism, are the reasons for the oversight of power. This oversight does not accept any restrictions on government and government officials; rulers, governors, and Muslims with all of their high status are not excluded from this monitoring; in spite of this, Islam has established its social method and laws based on morality. It has focused on educating people based on ethical standards. The enforcement of laws has also led to moral education. This executive guarantee, like the internal police, is constantly and completely hidden in secret, unobtrusive, and inaccessible to human beings and prevents misconduct and error. Among the principles of supervision of people in the government in the constitution of the Islamic Republic is based on the principle of the eighth commandment to the famous and non-denominator, which is one of the social laws of the Islamic religion, which is obligatory on the basis of society, and the basis for the prevention and acceptance of this jurisprudence Islamic holy religion is the creation of a sense of public responsibility and universal supervision, in order to ensure the implementation of religious standards and to avoid the prevalence of corruption in society and the reform of affairs. Manuscript profile

Open Access Article

5 - Moral support in the performance guarantee of government approvals in Iran and the United
Mohammad Saeed Ansari Nader Mardani

The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set o More

The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution ..."All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote. Manuscript profile

Open Access Article

6 - Educational Personality Analysis of the Parties to the Disputes between the Governmental Institutions and the competent authority to deal with them
Abo-Mohammad Saniri Ahmad Asadian

Obviously, obtaining the legal claims of the claimant or government apparatus of the claimant requires the submission of the necessary documents and documents to give a clear vote of authority from the competent authority, which in turn requires the important procedures More

Obviously, obtaining the legal claims of the claimant or government apparatus of the claimant requires the submission of the necessary documents and documents to give a clear vote of authority from the competent authority, which in turn requires the important procedures of the hearing, especially the process of exchange of bills with the party to the dispute. In this case, the question arises, what are the conditions for the handling of litigation and disputes between individuals and the government, or the lawsuits and disputes of government agencies? And what are the principles behind it? In the cases and disputes of individuals with the state, the question of whether the person seeking and being heard complies with all the lawsuits brought before the Administrative Court by a single procedure and that the order in the Tribunal's case includes claims against non-governmental organizations, In this research, one can conclude that the results of this research reveal that the personality is different from each other and demands that every person is a natural and legal person of private law, and that the reader is composed of both governmental units and their agents and revolutionary institutions and institutions, and In the Tribunal's case, the reader must also include officials and NGOs. But sometimes there may be disagreements between government agencies, in which case we will examine the regulations and approvals that all disputes of executive agencies are referred to the legal assistants of the devices. Unless the cause of the problem is due to the lack of knowledge of the laws, regulations and unconditional legal principles, the issue will be resolved by agreeing on the existence of a specific ruling in the abovementioned sources, and if resolution of the dispute is not possible, The issues will be discussed and decided by a commission composed of the Legal and Legal Affairs deputies and the deputies of the Ministry of Economic Affairs and Finance of the Organization for Management and Planning of the country, and the principles governing the procedures of judicial proceedings do not address these differences. Manuscript profile

Open Access Article

7 - A Comparative Study of the Stare's Ethical Responsibility Caused by Acts of Citizens in Iran and International Law
Doagu Hossein

In general, it is accepted as a principle that the damaging acts of persons are not attributable to the states. So not only states are not responsible for such actions, those who have committed them are held responsible. This is supported by the states doctrines and pra More

In general, it is accepted as a principle that the damaging acts of persons are not attributable to the states. So not only states are not responsible for such actions, those who have committed them are held responsible. This is supported by the states doctrines and practices as well as international legal procedures and decisions. The international responsibility of state with respect to the damage to other states and their subjects is limited to the acts of its own agents who are acting on behalf of it. However, there are certain circumstances if met the acts of persons can bring about responsibility for states. As stated in the article 8 of the international commission bill, the act of a person or a group of persons is regarded as the act of a state if it is done by the order or under control and guidance of the state. This demonstrates that the conditions of control and guidance are essential and if they are met action or inaction of a national can bring about responsibility for the respected state. The present dissertation studies the cases and forms of the responsibility of states for the acts of nationals within the realm of international and internal law. Furthermore, the actions that bring about responsibility for states are studied. Manuscript profile

Open Access Article

8 - The right and duty in the social security system are the law and moral duty of the state
mohammadreza najafabadipour Abolfazl Jafargholikhani tayebe balvardi

20.1001.1.23833279.1399.10.39.15.7

(Premium Unification of the employer's contribution rate guild in the social security organization to support Iranian production) There is a link between the right and the duty in the social security system, that is to say, every one has the right to be in charge of it More

(Premium Unification of the employer's contribution rate guild in the social security organization to support Iranian production) There is a link between the right and the duty in the social security system, that is to say, every one has the right to be in charge of it.. The right to social security has been recognized as a fundamental right in order to safeguard the interests of individuals in the individual and social spheres against governments, they are also responsible for implementing this right Islamic Republic of Iran has been formulated in three layers the the social security system in of Of insurance, support, and assistance The social security organization is one of the organizations that plays a fundamental role in the insurance strategy and in the part of the participatory system by paying the premium to the share of employers, workers, and the share of contributions by the government in implementing Article Principle 29 of the Constitution has a fundamental role. The Law on Employee Benefit Exemption has been approved by the employer for 5 people in 1362to support manufacturing, technical and industrial workshops in order to support domestic production, although the number of workshops is reduced every day The purpose of this paper is to express the right and duty for eliminating discrimination, protecting the domestic economy and Premium Unification the premium rate in all workshops. Manuscript profile

Open Access Article

9 - Protecting the constitution in the case of bureaucratic justice based on personal dignity and prohibition of dignity
Mohammad Javad Rezaeizadeh Vahid Maleki

20.1001.1.23833279.1399.10.40.13.7

The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and More

The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and validity of a constitution is maintained when all elements of the legal system are in harmony with it and the constitution is the dominant element in that system. The Administrative Justice Tribunal, which, under Article 173 of the Constitution, is the authority to deal with administrative disputes and to monitor the compliance of administrative regulations with Islamic law and the law; It opposes ordinary law and primarily the constitution and, by issuing judicial opinions as constitutional norms, has provided a valuable resource, namely judicial practice in the field. In the present article, while examining the aspects of judicial oversight over the administrative functions of the Court in the substantive jurisdiction of state law, the role of this judicial authority will be examined with a view to respect for persons and prohibition of dignity in the Constitution. Manuscript profile

Open Access Article

10 - An Introduction to the Relations of Government and Society in Contemporary Iran from the Ethics of Financial Sociology
Mahdi Esmaili Majid Tavassoli Rokn abadi

20.1001.1.23833279.1399.11.41.2.1

The present paper examines the theoretical analysis of the relationship between government and society. In contemporary Iranian history, the state has a different basis with European societies for its independent and extracurricular nature both in terms of its origin an More

The present paper examines the theoretical analysis of the relationship between government and society. In contemporary Iranian history, the state has a different basis with European societies for its independent and extracurricular nature both in terms of its origin and in its nature and function. Given the socio-political developments of contemporary Iran, especially since the history of oil revenues, the Iranian state has evolved as a superior power over the classes in its particular evolution. In other words, the independence of the state was possible in the context of the competition of social forces and class balance but in the context of the weakness of classes and social groups. In these circumstances, various theories have been formed in examining the structure of government in Iran and its relation to society. Applying a financial sociology approach to examining the nature of government in Iran, not only will government-society relations be better elucidated, but attention to these findings will give reasons for Iran's underdevelopment not in the distant past but in economic, political and social realities. In examining the relationship between government and society as they form the state and social structures, it is important to examine the enduring patterns of the internal and external structure of government relations. This paper aims to argue that the theoretical framework of research suggests that a better financial sociology approach can explain the relationship between government and society in contemporary Iran. Manuscript profile

Open Access Article

11 - Examining the moral responsibility and duties of the government towards responsibilities outside the will
Mohsen Lezgi Hossein Saberi Seyed Mohsen Jalali

20.1001.1.23833279.1400.11.44.10.9

The government's responsibilities towards involuntary civil responsibilities are important and fundamental issues that have not been addressed much. At the same time, the government's duties in this regard, given the growing importance of citizens' rights, are important More

The government's responsibilities towards involuntary civil responsibilities are important and fundamental issues that have not been addressed much. At the same time, the government's duties in this regard, given the growing importance of citizens' rights, are important and necessary issues for discussion. The main question that has been raised and examined in this article in the present article is what is the responsibility of the government from events from its moral and legal point of view? What are the jurisprudential principles, moral and legal principles, conditions and duties of the government towards responsibilities beyond its control? The present article is descriptive-analytical and examines the mentioned questions using the library method. The results of the article indicate that in Iranian law, the government is committed to responsibilities beyond its control. The theory of equality of citizens, the theory of distributive justice, the theory of guarantee of rights, the observance of the rule of justice and the theory of the insuring state are the moral and legal foundations of the government's responsibility for unintentional events. Lack of reason or his inability to pay the ransom, the judge's mistake in judging the government's duty in the event of an accident, and the government's obligation to pay the ransom for traffic accidents (bodily injury insurance fund). One of the most important examples is the responsibility of the government towards responsibilities beyond its control. Manuscript profile

Open Access Article

12 - Reflection on Folk Beliefs in Novels of Kelidar, Missing Soluch, and Past Days of Old People by Mahmoud Dowlatabadi
Rajabali Salahi ali tasnimi Mahyar Alavi moghaddam Mahmoud Firouzimoghaddam

20.1001.1.23833279.1401.12.47.8.0

Folk beliefs are directly related to the culture of every nation because such beliefs are a kind of moral-social phenomenon, which is affected by human life and their reactions to nature and the surrounding mysterious environment. When human could not find any logical r More

Folk beliefs are directly related to the culture of every nation because such beliefs are a kind of moral-social phenomenon, which is affected by human life and their reactions to nature and the surrounding mysterious environment. When human could not find any logical relation between extraordinary incidents and phenomenon turned to whispers and prayers to forget calamities and gain desired outcomes. Hence, beliefs were formed in their minds gradually. Most of these beliefs are rooted in a lack of enough knowledge of ancient people. Mahmoud Dowlatabadi used many folk beliefs when required in narratives included in selected novels. This study aimed at reflecting on folk beliefs in his novels named Kelidar, Missing Soluch, and Past Days of Old People. Belief folks manifest the popular culture or folklores existing in the context of life and culture of nations that are represented in various forms. The study of folk beliefs does not mean its approval. However, it is not possible to ignore great attention paid to such superstitions either in literature or community regarding issues that are not understood or perceived based on rational thinking. Examination of and reflection on beliefs clarify many dark sides of ancestors’ lives helping the posterity not to follow such beliefs blindly and not to believe in such superstitions. In this research, the beliefs were collected from selected novels by Mahmoud Dowlatabadi. There are numerous antecedents and evidence, but some of them were chosen and summarized in this paper. Manuscript profile

Open Access Article

13 - Civil liability and moral responsibility of governments in proportion to the exercise of their executive role
SEYEDAMIR ALEMOHAMMAD ali akbar gorji

20.1001.1.23833279.1401.12.48.1.5

The role of the state in political society is the most important discussion of political philosophy about the state. However, whether we consider the origin of the state as a contract or the state as a natural phenomenon, the mission we ascribe to it can be raised to so More

The role of the state in political society is the most important discussion of political philosophy about the state. However, whether we consider the origin of the state as a contract or the state as a natural phenomenon, the mission we ascribe to it can be raised to some extent independently of the discussion of its origin. Theories related to the role of government can be divided into two main groups. The first group, which considers the limited intervention of the government in society, includes the school of liberalism and its different tendencies and perceptions. In this group, the role of the government is basically negative and deterrent, and government intervention in citizens' rights has an exceptional aspect that must be justified based on the basic concepts of freedom, justice and equality. It is the government. In these theories, the starting point of the discussion is society and the individual is considered a subject of society. However, in this group, too, there is a lot of respect for freedom. However, the provision of freedom is not possible except in the shadow of justice (especially distributive justice) and equality. The most prominent representative of this group is the school of socialism, which is very common in the political systems of Europe today. These roles of governments from a moral point of view have significantly affected the fate of individuals and economic actors and have sometimes caused great damage to them. Accordingly, it is necessary to examine the nature of the policies of these two groups in terms of being in the category of governance or enterprise, from a moral perspective, to examine the possibility of compensation and the basis of this compensation. Manuscript profile

Open Access Article

14 - Explaining the Relationship between Corruption and Tax Policy Implementation and the Role of Organizational Commitment (Yazd General Administration of Taxation)
Maryam Ali Omrani Alireza Manzari Tavakoli Sanjar Salajegheh

20.1001.1.23833279.1401.12.48.5.9

The aim of this study was to explain the relationship between corruption and the rate of implementation of tax policies with respect to the mediating role of organizational commitment in order to provide a favorable model. Regarding the role of moral values in the field More

The aim of this study was to explain the relationship between corruption and the rate of implementation of tax policies with respect to the mediating role of organizational commitment in order to provide a favorable model. Regarding the role of moral values in the field of corruption, it can be said that economic poverty and income disorders of employees of organizations, cultural poverty and lack of strong moral beliefs and lack of effective rules and regulations and control systems are among the main causes of corruption and the main factors are form. This phenomenon includes: main causes (roots) and facilitators. The research method is analytical, descriptive and correlational. The statistical population of 500 people included all employees of the General Department of Taxation of Yazd. The sample size according to Morgan table was equal to 221 people who were randomly selected. For data collection, a questionnaire of 20 questions of corruption with a validity of 75. and a reliability of 804. and a questionnaire of 11 questions of tax policy implementation with a validity of 74. and a reliability of 942. and a questionnaire of 24 questions of organizational commitment with a validity of 78. and a reliability of 907 / were used. Data analysis was performed with SPSS and Amos software. Data were collected through a questionnaire and the community of experts as a research tool. In order to analyze the data, statistical tests such as Pearson correlation coefficient and structural equation modeling were used. The research findings in the first step show that corruption has a negative and significant effect on organizational commitment. Also, corruption within the government has a negative and significant relationship with the implementation of tax policy. Organizational commitment as a positive moral characteristic also has a positive and significant effect on the implementation of tax policy. As a result, organizational commitment reduces the effects of corruption on tax policy implementation. Finally, it was shown that organizational commitment indirectly improves the implementation of tax policies and reduces the effects of corruption. Manuscript profile

Open Access Article

15 - Examining the legal foundations of eliminating discrimination and violence against women with a view to the commitments of the Afghan government
mojgan moshfeghi peyman bolori salman valizadeh

20.1001.1.23833279.1401.13.50.15.6

Violence against women is a serious and global human rights problem. However, this problem is more common in underdeveloped countries such as Afghanistan, and it is widely used against women in the family, workplace, and society in various ways. However, in this country More

Violence against women is a serious and global human rights problem. However, this problem is more common in underdeveloped countries such as Afghanistan, and it is widely used against women in the family, workplace, and society in various ways. However, in this country, in line with the legal protection of women, measures such as; Including articles protecting women against violence against them in the constitution, the approval of most human rights conventions, the preparation of national documents and strategies, etc. have been done. In this research, a descriptive-analytical method has been used to examine the legal foundations of eliminating discrimination and violence against women by looking at the commitments of the Afghan government. Manuscript profile

Open Access Article

16 - An Analytical Study of the Theory of Violence in Carl Schmidt's Political Theory
Samad Zahiri Sattar Zanganeh Tabar reza nasiri hamed

20.1001.1.23833279.1402.13.51.8.5

Violence is one of the most important aspects of the history of human political life which appears in the form of physical and mental suffering in a person. Political thinkers and theorists have tried to explain the phenomenon of violence within their political theory. More

Violence is one of the most important aspects of the history of human political life which appears in the form of physical and mental suffering in a person. Political thinkers and theorists have tried to explain the phenomenon of violence within their political theory. Carl Schmitt is one of the most important political and legal theorists of the twentieth century who has explained the concept of violence. Schmitt divides human life into diverse and relatively independent realms of thought and action, including ethics, aesthetics, economics, etc. The realm of politics and "political" is one of these realms with the criterion of friend-enemy distinction. The political premise of the state and the state is the manifestation of the nature of politics. Politics is also the decision of the ruling person in an exceptional situation. The ruler is the one who decides in exceptional circumstances. The government, or the ruling person, has a complete monopoly on the use of violence. The ruler, who decides and assigns tasks for it from outside the legal system, is forced to use violence, which is called sovereign violence. This article attempts to explain the theory of violence in Carl Schmitt political thought. Manuscript profile

Open Access Article

17 - The role of moral principles in climate obligations from the perspective of international law
Reza Maleki Masoud Raee Dehghi

20.1001.1.23833279.1402.13.52.7.6

Despite the existence of a legal regime to deal with climate change in the current era, the various consequences of climate change are increasing rapidly and the most negative effects are on the poor and marginalized people around the world. Considering the ineffectiven More

Despite the existence of a legal regime to deal with climate change in the current era, the various consequences of climate change are increasing rapidly and the most negative effects are on the poor and marginalized people around the world. Considering the ineffectiveness of the government's legal responsibility institution in meeting climate commitments, what practical solutions can be considered to deal with this challenge? It seems that considering the uneven path of the legal system of international responsibility to deal with climate change, from the Structural Convention to Paris, it is possible to resort to the moral responsibility of governments by validating moral principles. In this article, with a descriptive and analytical method, after examining the legal regime of climate change and its challenges, ethical principles and its relationship with obligations related to climate change are discussed as a practical solution to deal with climate change. Manuscript profile

Open Access Article

18 - Government’s role in human’s security and its impact on people’s happiness
Behnaz Yousefi Hossein Rahmatollahi

20.1001.1.23833279.1402.13.52.10.9

Human’s security means to be free from fear and need. It’s impact on all branches of human’s life and development has given it a fundamental role in a way which it’s guarantee and provision by government will result in people’s happiness and their satisfaction leads to More

Human’s security means to be free from fear and need. It’s impact on all branches of human’s life and development has given it a fundamental role in a way which it’s guarantee and provision by government will result in people’s happiness and their satisfaction leads to increase of public trust and social wealth Purpose: The purpose of this paper is the government’s role in human’s security and its effect on people’s happiness Method: The research method for this paper is descriptive and analytical Findings: In recent decade’s discussions has been considered about the importance of happiness due to its abundance effects in quality and satisfactions in individual’s life and government role. Happiness has been used in concepts like wellbeing, enjoyment, prosperity, fortunate in which by definition differ but in conversations they are used as synonyms. Results: With an advancement of science and technology, development of human civilization and emerge of globalization phenomena, a great transition has been done in government and its duties definition. Human’s needs levelled up and government’s duties did not summarized in securing public interest and providing public services any more since provision of social welfare was also added to government tasks. Manuscript profile

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