Scientific research
Abdolhossein Shiravi; Mohammad Hosein Vakili Moghadam
Abstract
Based on the current approach, to ascertain and enforce the sanctions in law is one of the exclusive functions of governments. But the deeper examination reveals that many transactors prefer non-legal sanctions. At first glance, this self-enforcement mechanism seems to be contrary to legal fundamentals. ...
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Based on the current approach, to ascertain and enforce the sanctions in law is one of the exclusive functions of governments. But the deeper examination reveals that many transactors prefer non-legal sanctions. At first glance, this self-enforcement mechanism seems to be contrary to legal fundamentals. Therefore, these sanctions are contested in law. This article is an attempt to consider a new approach. The article represents the multi- faced concept of sanction and tries to outline obvious reasons for preferring non- legal sanctions. The article focused on soft law because in this new branch of law, the honor of obligations is based on reputational cost and not coercive third- party mechanisms. As a result it is safe to say that in spite of what is accepted in traditional legal theories, compliance of obligations is widely influenced by non- legal sanctions.
Scientific research
mahdi Khodaparast Mashhadi; mandana Ghafoori Sadatieh
Abstract
Effects of development on crime based on the community structure changes. in this Paper, the impact of development on crime rate was examined in Iran and the method used for it was Generalized Moments Model in the Period of 1984-2006. Among the different components for expressing the development, components ...
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Effects of development on crime based on the community structure changes. in this Paper, the impact of development on crime rate was examined in Iran and the method used for it was Generalized Moments Model in the Period of 1984-2006. Among the different components for expressing the development, components that drew more attention in contemporary experimental literature have been used including literacy level, economic growth rate, unemployment, Gini coefficient and capital share of production. On the basis of the different types and the variety of crimes and specifically financial crimes, statistics of closed cases in courts regarding embezzlement, bribery, forgery, theft, issuing bounced cheques and property vandalization have been used for crime index. the results of this Paoer show that the cultural index of development (population literacy rate) has a positive and meaningful effect on to the crime rate. Failure toachieve social development (unemployment and Gini coefficient) has a positive and meaningful effect on to the crime rate. the economic index of development (gross domestic product "GDP" growth rate) has a negative and meaningful effect on to the crime rate.
Scientific research
Seyed Hossein Hosseini; Zahra Ahmadi
Abstract
To enforce general policies of article 44, ''law of enforcing general policies of article 44 of the constitution'' was recently approved by Islamic consultative assembly. The main objective of the present paper is analysis and study of aspects of criminal policy inserted in the law through identification ...
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To enforce general policies of article 44, ''law of enforcing general policies of article 44 of the constitution'' was recently approved by Islamic consultative assembly. The main objective of the present paper is analysis and study of aspects of criminal policy inserted in the law through identification of criminal behaviors and predicted responses.
With respect to criminal phenomenon, study the different substances of the law implies diversity in behaviors in the form of traditional and modern crimes. So, different considerations form the basis of criminology including investment facilitation, preventing interferences in assignment process and supporting new rights called competition rights. In view of time, responses are divided into action and reaction responses. Privatization, disregulation, civil participation, determination of behavioral codes are action measures considered in this law. Reaction responses are also diverse and include different types of penal, administrative, civil and amendatory responses.
Criminal policy inserted in the law coupled with aforementioned features indicate legislator moving to new items of removing crime, penal and judge.
Scientific research
Abolfazl Shahabadi; Roghayeh Pouran
Abstract
Nowadays, the effort for ease of doing business is the more important worry in transition economies in the way of reaching in economic development and high competitiveness. According to intuitionalism theories, the inefficiency of judicial system causes to increase trade costs, and so, violates the business ...
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Nowadays, the effort for ease of doing business is the more important worry in transition economies in the way of reaching in economic development and high competitiveness. According to intuitionalism theories, the inefficiency of judicial system causes to increase trade costs, and so, violates the business environment. By studying the rank of Iran's ease in doing business between other world countries in during 2005- 2013 can find the position of Iran is significantly unsuitable. Also, by studying the indexes of Iran's efficiency of the judicial system and comparing with the best and worst countries can show the defection of Iran's judicial system is the duration for proceeding the litigations. As a result, this factor is important role in ease of contracts enforcement and the ease of doing business. Accordingly, this case should be reformed in judicial system of Iran.
Scientific research
Hassan Heidari; Roghayyeh Alinezhad
Abstract
The main challenge of developing countries, is achieving growth and development. Review of economic growth literature shows that the quality of institutions and social infrastructure are important factors that influence the economic growth and development. Also many analysts believe that between institutional ...
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The main challenge of developing countries, is achieving growth and development. Review of economic growth literature shows that the quality of institutions and social infrastructure are important factors that influence the economic growth and development. Also many analysts believe that between institutional factors, the rule of law is one of the most elements for appropriate system for investment and economic growth. This study aims to investigate the impact of institutional variable of rule of law on economic growth in D-8 countries over the period 1996-2012. For this purpose, the paper uses the Panel Smooth Transition Regression (PSTR) model. The estimation results of model reject the linearity hypothesis, and estimate a model with two regimes that gives a threshold at rule of law of -0.511 for under review countries. The study results indicate rule of law index has a positive impact on economic growth that its impact is increased in the second regime. Moreover the results indicate education expenditures and agricultural raw materials exports variables have a negative impact in first regime and positive impact in second regime on economic growth. Also other results indicate the financial development index and openness index have a positive impact and inflation rate has a negative impact on economic growth in two regimes.
Scientific research
Mahboubeh Abdolahi; Sayyed Ali Ahmadi Sajadi
Abstract
In most legal systems, service consumers, as the weaker party to the contract, are covered by protective provisions. Due to the particular complexity of electronic funds transactions, consumers need further protection, which should be proportionate with the requirements of this type of transactions.
In ...
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In most legal systems, service consumers, as the weaker party to the contract, are covered by protective provisions. Due to the particular complexity of electronic funds transactions, consumers need further protection, which should be proportionate with the requirements of this type of transactions.
In some countries, such as America, independent regulations have been ratified to protect consumers in this kind of transactions, but there is no particular provision in Iran’s legal system in this regard, and existing regulations do not meet the special requirements of these transactions. These regulations suffer defects in areas such as informing the consumer, limiting the consumer’s responsibility, and delegating the settlement of disputes to the bank, which should be reformed.
In this article, the concept of consumer, the existing regulations for protecting the consumer and legal approaches to protect the consumer in electronic funds transactions in Iran’s and foreign legal systems will be investigated.
