نوع مقاله : علمی - پژوهشی
نویسنده
پژوهشکدۀ مطالعات سیاسی و روابط بین الملل و حقوق، پژوهشگاه علوم انسانی و مطالعات فرهنگی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
A wide range of studies, approaches and analyzes are discussed under the discourse of "law and development". The requirements of a development-oriented criminal justice system based on the concept of "development as freedom" and with an emphasis on economic freedom, is one of them that has been less discussed.
This article aims to show how can we reach "law as development" by understanding "development as freedom". That is, in order to achieve development in the sense of "the process of expanding basic freedoms belonging to people and removing obstacles of freedoms, not only the law is important and inevitable, but also legal reforms, including the reform of the criminal justice system, is a goal of development in itself."
In this article, the performance of Iran's judicial and criminal legislative system is examined in terms of one of the most important indicators of the rule of law, i.e. "protection of private property", emphasizing the crime of disrupting the country's production system as the main issue. this issue was investigated in a descriptive-analytical way and by studying the related cases in the specialized complex for handling economic crimes.
One of the five types of freedom in the theory of development as freedom, is economic freedom, and one of its most important indicators is the rule of law. Results show that the judicial interpretation sometimes imposes mandatory restrictions on the transactions and economic activities of producers and considering them as crimes; In a situation where it is currently being done with the aim of continuing production and not making profit and disrupting the production system of the country.
in terms of the need to respect contracts and adhere to the security of property rights, reforms from the point of view of production and economic development requirements, are necessary.
کلیدواژهها [English]
الف) فارسی
ب) انگلیسی