نوع مقاله : پژوهشی
نویسنده
استادیار، گروه فقه و مبانی حقوق اسلامی، واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Jurisprudential foundations of non-judicial settlement of criminal cases Non-judicial settlement or, in other words, mediation between litigants ``in legal claims and criminal claims with the aspect of human rights'' and settlement (mediation) between the judge and the criminal - or intercession (in criminal matters of God's right) are two non-judicial solutions. For the chapter of lawsuits and response to violations of legal norms which arose from the definition of man in Islam and its ideological viewpoints in jurisprudential sources and works. In this method of dispute resolution, the litigants seek to reach a common agreement without the limitations of the law book and formal proceedings with the help of a third party. Following the legalization of criminal mediation in Iran, it is very important to explain its coordinates in the subject law and determine its scope and territory in responding to all types of crimes (limits, punishment, retribution and diat). It should be seen whether the Iranian legislator has been able to provide the possibility of maximum use of this process by efficiently explaining the realm of mediation, therefore the concentration of work in the courts and its consequences and the benefits that resolving disputes outside the courts for the governments and especially the parties The difference in perception has led to the growth of arbitration and the creation and application of new methods of dispute resolutionThe present research has investigated the solutions of jurisprudential foundations of non-judicial settlement, especially mediation in criminal cases, as a well-known and widely used method of analysis and covered its weaknesses by providing justifications or logical bases.
کلیدواژهها [English]
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