Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Comparative Comparison of Jurisprudential-Legal Contents of Iran's Legal System Regarding the Arbitrability of Crimes Arising from Crimes with the Legal Laws of England

Document Type : Original Article

Authors
1 PhD Student, Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran.
2 Assistant Professor, Department of Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Faculty of Law, Central Tehran Branch, Islamic Azad University, Iran.
10.22034/jccj.2024.466409.1590
Abstract
Some claims cannot be referred to arbitration due to the nature of the issue. The legislator has included these exceptions in Article 478 of the Civil Procedure Law. be addressed by a comparative study of the arbitration laws of advanced countries, including England, to one of the most important arbitration topics, including the comparison of the role of arbitration in the implementation of legal-ethical laws of various crimes caused by crimes in the legal system of Iran and England, which has not been directly studied so far. In terms of jurisprudence, arbitration is regarded as the place of judgment and government affairs, and it has been researched and investigated with the same special approach. The jurisprudential research conducted so far has been well comprehensive on the axis of arbitration, of course, jurisprudence research, with all its scientific advantages, is generally formed in the historical space of the subjects and sometimes according to their geographical context. The distance of intellectual fields, research in religious categories, from the current nature of some issues, has caused researchers to separate from the nature and current conditions of some issues and has caused the research on such issues to remain confined to the historical background and their changes and evolutions. Stay away from the minds and thoughts of researchers and research results. Therefore, since the present study was carried out with a descriptive-analytical approach, this article was written considering the necessity of a new look at arbitration in jurisprudential and legal studies, and with a comparative approach to the English legal system, it seeks to answer the question that between the system What are the differences between Iranian and British law from the perspective of the role of arbitration in facilitating the implementation of legal-moral laws with the jurisprudential background of misdemeanors caused by crime?
Keywords

Volume 5, Issue 3
Summer 2025
Pages 251-274

  • Receive Date 11 May 2025
  • Revise Date 16 July 2025
  • Accept Date 21 August 2025
  • Publish Date 23 September 2025