Necessity To Engage With The Elements Of Judicial System And Its Impact On The Provision And Development Of Justice And Security

 

Vali ShirPour


Abstract


People of society as capital and human resources of a society are in need to the peaceful society along with justice and security in order to fruition from healthy and better future. Security provision that is due to the implementation of justice is the most important wanted of each judicial organization and the main components of judicial system of each country are judges and lawyers. Existence of common objectives as law enforcement to revive community member rights and to the provision and development of security and justice establishment requires more and more interaction between these two sides of justice.

In the present study which has been done using library method, there is an attempt to survey the interaction and the effect of two socially important institutes on justice and security and also the existent barriers in this direction and present needed guidelines in this field through explaining the role these two institutes in the judicial system of the country.

Keywords: justice, security, judicial system, judges, lawyers

 

 

Introduction

Doubtlessly, achieving justice and securities in society concerning its authentic connection with providing judicial security of citizens has been always as social troubles of divine leaders and benevolent of the world. The God on high bids in Quran: "O’ you have become believer, rise up for justice and testify to God; however it’s harmful for you or your father, mother or your relatives. If one of both parties of claim is rich or needy, again God is more rightful than you on them, so don’t act fancily that consequently will depart from right and if you shunt or object, absolutely God is conscious to what you do” (Surah Nesa, verse 41)

Prophet Mohammad bids: "Establishing justice in an hour is more preeminent that 60 years worship and justice to God is the most appropriate order” (Moosavi Khomeini, 40 Anecdotes: p17).

IMAM ALI peace be upon him bids about necessity of emirate to protect justice and security in society in 40thdiscourse of Nahj Al Balaqeh: "People need a good or bad ruler till the believers will be busy in their work and infidels will enjoy in shadow of government, people will live along establishing government, roads will be secured and poor people’s rights will be taken from powerful people and beneficent people will have welfare and be safe from evildoers” (Dashti, Translation of Nahj-Al-Balaqeh: p65).

Philosophy of creating and reviving cooperation and thoughts plan among judges and lawyers should be searched in current condition of the country’s judicial system and its philosophy in providing security and justice in society. Following public discipline, providing internal security, executing laws, respecting on freedom and individuals’ rights, people’s immunity from offense, executing justice, following people’s moral and prestige of society and other rights specified in constitutional law and common laws are out of hardworking judges’ power of judicial organization of country. The mentioned rights and defense of them consists of inherent rights that human has known it since long time ago and following it completely in a conflict involving, enjoyment and usage of defending facilities by individuals are equal and proxy is always a tool for achieving these aims and providing judicial security and justice and just proceedings which finally leads to satisfy human’s justice seeker feeling. Perhaps this slogan which "angel of justice with two limbs of attorney and judgment is able to fly” is the most fluent interpretation of close communication of proxy with judgment in providing justice and security in the society. Thus, having common and holy aims among judges and lawyer along with protecting and reviving mankind’s rights and settling justice and security in society, makes clear necessity of appearance and developing such cooperation and thought more than before. In this paper, thoughts among lawyers and judges has been suggested as fundamental, positive and effective on providing and developing justice and security in society and investigating and promotion, judges’ life and careful and continuous observation and evaluation of judges’ actions and lawyers’ activities, creating thoughts culture among lawyers and judges for achieving this important aim. Of course justice in this writing means that part of special meaning of justice which is for correct and order executing with speed and courts sentences confidence as accepted ways and reliable to this important , and aim is not conventional meaning. In this writing, in the first subject, security and justice is defined, then position and importance of judges and lawyers and rights and their duties are made clear and present challenges are considered and in the second subject we will discuss and consider necessity of thoughts among lawyers and judges, effective and preventive elements on this important case.

 

 

Literature

Asvar, Moharram. "Proxy in penal claims”, M.A. thesis of penal law and criminology, Ardabil: Islamic Azad university, 2006

Bakhshizade, Taher. "Adaptive comparison of proxy in Iran and Azerbaijan”, M.A. thesis of penal law and criminology. Ardabil: Islamic Azad university, 2011

HorrAmeli, Mohammad. "Vasayel-Al-Shiah”, Qom: Al-E-Beit institute publication, 1993

Heidarzadeh, Hadi. "Disciplinary chase of judges”, Tehran: Azad publication, second edition, 1994.

RaqebEsfahani, Hossein. "Mojam Al Mofradatalfaz Al Quran. Tehran: Mostafavi publication, 1993

Saket, Mohammad Hossein. "Justice seeking as a light in legal thought writing”, Tehran: cooperative company of publication, first edition, 2006

Tabatabaee, Hossein. "Tafsir-al-Mizan”, translated by Mohammad BaqerMoosavi. Qom: Dar-Al-Elm publication, 1987

Tahmasbi, Javad. "Process of disciplinary supervision on judges’ manner”, Justice administrative legal magazine, no.76, (2011): p209-319

Tayyebi, Sobhan and Namian, Peiman. "Proxy challenges in observing citizenship rights

from global standards point of view”, Articles collection of New thinking Conference in

proxy territory. Tehran: Think makers publication. (2012): p195-214

FeizMahdavi, Mohammad Reza. "Justice administration lawyer’s duty”. Lawyers’

association magazine no.120 (1972): p15-31

Katuzian, Naser. "Judicial policy and notary public’s offices”, legal periodical of law and

political science academy of Tehran University, no.68 (2005): p281-296

Keshavarz, Bahman. "Justice administration proxy pathology”, bulletin of justice

administration lawyers association of Esfahan, no.63 (2011): p2-23

Keshmiri, Al RianHossein Loon. "Moral in Quran from Imam Khomeini’s points of

view”, articles collection of Imam Khomeini’s Quran thoughts conference. First edition,

(2009): p285-301

MazaheriTehrani, Masood. "Study of show off crime and interference in proxy activity in

Islamic Republic of Iran’s right”, articles collection of New thinking conference in proxy

territory. Tehran: Think makers publication. (2012): p185-213

Moosavi Khomeini, S. Roohollah. "Forty narrations”. Tehran: Raja cultural publication

center. (1989)

----------- "Description of brain and ignorance enmity’. Tehran: Adjusting and trace

publication of Imam Khomeini’s institute (2001)

Hashemi, S. Mohammad."Human rights and fundamentalliberty”. Tehran: Mizan

publication, (2005)

Mirza Hassan NooriTabrasi, "Mostadrak Al Vasayel”, vol.9 and 17 in Arabic. Qom:

Publication of Al-E-Beit Institute, (1987)