"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract In legal relations, there are rules that underlie it and strengthen the foundation of justice. The no-harm rule is one of these basic rules, which is emphasized in Article 40 of the Constitution. The implication of this rule is that no one has the right to abuse their rights to the detriment of another. This rule, in addition to the Quranic, narrative and jurisprudential roots, is also based on the logic and rationality of human beings. In Western law, this rule is known as the abuse of rights, which is one of the principles restricting the freedom of individuals. In our civil and commercial laws, this rule has been mentioned many times and in different ways, and this rule is also the basis of civil liability law. But in criminal law, with the exception of a few laws that are merely verbal similarities to the rule, this issue has not been used, and this leads to many abuses by individuals. Cases such as usury and conversion of punishments and discounts and the principles of innocence and the passage of time, etc. are among the cases in which many abuses take place. The subject of this research is Iranian criminal law, which seeks to analyze and remind the relevant people in an analytical way, using library resources and work experiences.

Abstract Human rights are those rights that human beings enjoy because of being human beings, regardless of the circumstances of the social variable or the degree to which they are individually competent. The answer to this assumption is that there is a series of norms, principles, and rights that are universally applicable and applicable to all human beings in different societies, since all individuals have rights for human beings without any society or government Can not deny them. For this reason, they have stated in the definition of human rights: "Human rights are the general privileges that every human being naturally possesses. Imam Sajjad (as) has been mentioned in three books of "Towaf al-Qoul" by Ibn Shubra Harari (381 AH), "Man La Yehzayar al-Fakheh" and "Al-Hayal" by Mohammad bin Ali ibn Babaroyi, known as Sadouq (382 AH). What is contained in this essay is in fact the expression of tasks that a person has in relation to different individuals, so it may be argued that this treatise does not mean the rights of today's rights. But it can be said that given that these duties have been raised to all people in the community and everyone can have such a request, these duties can be expressed in the form of a statement of the "general rights" from the viewpoint of Imam Sajjad.