نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار پژوهشگاه علوم و فرهنگ اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Today the legal responsibility of government or governor towards the loss affecting the citizens by the organizations or their staff is generally an accepted issue and this responsibility within the constitutions of countries has been somehow predicted.
In the constitution of Islamic republic of Iran, it has been referred to the fault of judge in order to support the rights of citizens in line with the social justice. This issue has been developed in the other regulations particularly in the regulation concerning the Islamic penalty sanctioned in 1392 as well as the regulation related to the tradition of justice sanctioned in the same year.
The necessity of jurisprudential evidences is that the liability is steady in this very loss, and it is considered the direct responsibility of the governor or the government. This view could be interpreted corresponding to the steadiness and development of social justice. However, there exist some evidences which are supposed to be against the approval of the responsibility of government or governor. One of them is the position of government, the governmental property, its necessities or relationship with the society. the other one is the principles of priority of the public expediencies and the last one is that some public regulations nullify the legal responsibility since there are some particular narrative causes not apparently in agreement with such responsibility.
Avoiding the expansion of issues prevents us from the investigation of particular causes and it should be separately studied. In this article, it has been revealed that the position of government and governor or the principle of priority to the public expediencies has no disagreement with the steadiness in the responsibility of governor or the civil responsibility of the government. Moreover, the nullifying regulations of legal responsibility or liability do not pave the way for the denial of responsibility of the government or governor. Thus, there is nothing wrong with the reasons of steadiness of liability or legal responsibility.
کلیدواژهها [English]
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