"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract The protection of trade secrets leads to absolute or comparative commercial advantage. Trade secrets are a kind of intellectual property that has a broad and absolute meaning in international trade law. Although The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have had recognized trade secrets, its protection condition is keeping the secrecy of trade secrets in addition to Trips is not accepted by all countries; so merchants for protection of their trade secrets, use confidentiality agreement anyway but in international trade which there is no would wide law or convection the problem is that: how using a confidentiality agreement could protect trade secrets in the best way? This inquiry that is done by descriptive and analytical methods has illustrated which by not only determining commitments and penalty clauses in a contract but also by using an arbitrary agreement, protection of trade secrets in the best way is possible.

Abstract The child in this study is a person who has not reached the age of eighteen and is under eighteen years old.
Global efforts to protect the child as the most vulnerable member of human society led to the ratification of the 1989 Convention on the Rights of the Child and Afghanistan ratified it in 1994, preserving the "right of reservation" to all rules and regulations against Islamic law and domestic law. In addition to international efforts, Afghanistan has protected children under various domestic and international laws, including a law entitled "Protection of the Rights of the Child."
This study examines the rights of children in the laws of Afghanistan and the Convention on the Rights of the Child in a descriptive-analytical manner and concludes that in these documents, special attention has been paid to children and many rights for them from civil, cultural, economic to political are considered. .

Abstract The concept of anti-corruption can be interpreted in two general ways. Sometimes it is considered with a theoretical approach, which is considered by the authors, and sometimes it can be pursued in the field of positivity, practice and practice. In the theoretical field, in terms of Shari'a legislation, which can be considered in the form of jurisprudential theories in its general and specific meaning, which has been discussed and studied since the beginning of Islam, and sometimes in terms of legislation, a situation that originates from Sharia and custom and sometimes arises. It is also from the legal experiences of other states. The general principles of the anti-corruption model are drawn in jurisprudence, books and traditions, and its cylinders are painted and glazed in the theological field in such a way that its effects are manifested in jurisprudence, regardless of the principles, principles and narrative and theological arguments. And the rationality of the model of struggle has been drawn in jurisprudence regarding the purifications of the model of struggle and has been established and established until the end of Diyat in accordance with its requirements and within the framework of principles and generalities. However, the Islamic Republic of Iran, with its holistic approach to Islamic issues and rulings, especially by creating an environment to fight corruption, has been able to provide good governance while fighting corruption. In this article, with a descriptive and analytical approach,

Abstract New contracts and legal establishments that have been formed as a result of the growth of technology and the complexities of economic relations, and which are not applicable to any of the common contracts of the legislative age, are called non-contractual contracts. On the one hand, the legitimacy of these types of contracts needs a valid reason, otherwise they will inevitably be condemned to the first principle of corruption. On the other hand, it seems that the correction of non-contractual agreements in ways other than generalities and religious applications is not smooth. Therefore, it is necessary to examine the completeness or incompleteness of reliance on generalities and verbal applications as one of the most effective ways to get out of non-common contracts in the age of descent, from the principle of corruption. Therefore, the necessary bases for the effectiveness of relying on religious applications and generalities in order to correct non-contractual agreements in a descriptive-analytical manner and library tools will be explored. The results indicate that the range of absolutes and generalities in relation to the emerging instances is acceptable.

Abstract In recent years, mental disorders have become more prevalent and the commission of crime by these patients has been much higher than ordinary people Human knowledge has been different in some societies today. It is believed that mental disorders prevent criminal liability and not criminal responsibility. But in the law, the criminal responsibility of these patients is stated in general Because by punishing these people, the situation of their mental disorders will be aggravated and this will causes more psychological damage to the sick person and those around him the purpose of selecting this topic for research was to support these patients first. and how and how to implement the innovations of the new bill in order to protect the new bill in order to protect the rights of people with mental disorders? And review the criminal proceedings of the mental illness in the present study, we first define the criminal responsibility of patients with mental disorders, then we examine the occurrence of the patients psychological differences at different times from a legal and jurisprudential point of view, and as a result in accordance with the new bill and the lslamic penal code we discuss from different aspects and whether a person has permanent insanity at the time of committing a crime or periodic insanity, there is no differences in the type or amount of punishment.

Abstract From the beginning of its existence, the penal system of Islamic law has provided a series of definite and indefinite punishments that should be used as an executive guarantee in the Islamic government. As we know, the task of hudud is practically clear according to what is mentioned in the book, but on the contrary, in the system of indefinite punishments, we come to the concept of ta'zir, which in Islam refers to the Islamic ruler to govern society, he can according to the requirements Time and place should deal with them, which in some cases, causes ta'zir as a punishment to undergo many changes and we see many theories in jurisprudential and even legal sources in this regard and its quality.Due to the nature of the subject of Islamic criminology, the present study was conducted in terms of gathering information by documentary method and by studying valid scientific sources in the field of criminal law and Islamic criminology and the obtained information is analyzed descriptively-analytically. Is located.In this research approach, seeking to find a suitable answer about the philosophy and roots of punishments in Islamic law and its functions from the perspective of Islamic criminological teachings, this research has a advantage over its predecessor works (which has been used a lot). First, like other academic classics, he did not look at the use of ta'zir in the laws of the subject. Second, as new research findings, some of the approaches in the field of Islamic criminology have been incorporated.