نوع مقاله : مقاله پژوهشی
نویسنده
دانشگاع تهران دانشکده حقوق و علوم سیاسی
کلیدواژهها
عنوان مقاله English
نویسنده English
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.
کلیدواژهها English
