Journal of Legal Research

Journal of Legal Research

De-corruption of Regulatory Institutions and Evaluation of Their Performance Effectiveness in Enhancing Public Trust in the Government in Light of Upstream Laws and Documents

Document Type : Original Article

Authors
1 PhD in Public Law, Faculty of Humanities, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
3 B.A in Law, Faculty of Humanities, Dehbarez Branch, Payam Noor University, Roudan, Iran.
Abstract
The most basic issues in the management processes of the country is the issue of supervision and control, which plays a significant role in the creation of a service or product, and without it, the management process suffers from weakness and disruption. Therefore, management weakness caused by the lack of supervision of the actions and behavior of the organization, according to the scope of supervision, can cause serious damage to the area under the management of the organization, including the executive bodies of the country. In our country, in order to fight corruption and establish order and clarify the performance of government institutions and their employees, supervisory institutions are subordinate to the three powers and even outside of that establishment, each of which operates within the scope of their legal duties. The purpose of this research is to find a suitable solution in the fight against corruption and to clarify the performance of employees and executive bodies, as well as to improve people's trust in the government. , has been evaluated. By examining the legal duties assigned to the mentioned institutions, the General Inspection Organization of the country was recognized as an effective institution in the matter of transparency and gaining people's trust in the government. In order to achieve the objectives of the research, in addition to focusing on developing the performance of this organization and making maximum use of its existing capacity, there is a need to use the legal capacity of "people's institutions" by implementing Article 55 of the Executive Regulations of the Law on the Establishment of Inspection Organizations. The present research is presented in a descriptive way and its information is collected by library method and reference to documents and laws.
Keywords

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    • Amini, Mansour and Reza Daryadel. "Economic analysis of purely economic damage". Legal Research 22(88) (2018): 169-192. (in Persian)
    • Amini, Mansour and Seyed Alireza Shekouhian. "Economic analysis of the performance guarantee of breach of obligation". Quarterly Journal of Private Law Studies 49 (1)(2019):17-33. (in Persian)
    • Amiran Bakshaish, Isa and Alireza Bariklou. "The concept of compensation principle in insurance rights". Majlis and Strategy 21 (80) (2013): 93-169(in Persian).
    • Badini, Hassan and Samia Abbasi. "Examination of the efficiency of pure responsibility from the point of view of economic analysis of rights". Comparative Law 5(1) (2017): 3-24. (in Persian)
    • Bagherzadeh, Ali. Theory of production, economic efficiency and its applications. Tehran: Arad Book Institute, 2015. (in Persian)
    • Bariklo, Alireza. Civil responsibility, 10th edition, Tehran: Mizan publication, 2022. (in Persian)
    • Corbin, Arthur. Corbin on Contracts, Restitution, Specific Performance, Election of Remedies, By Joseph M. Perillo, Volume 12, USA: Lexis Nexis.2017. (in English)
    • Country, Isa. The application of jurisprudence rules in law, first edition, Tehran: Ghiyath publishing house, 2004. (in Persian)
    • Ebadi, Jafar. Discussions in microeconomics. 10th edition, Tehran: Samet Publications, 2018. (in Persian)
    • Eisenberg Theodore and Geoffrey P Miller. "Damages Versus Specific Performance: Lessons from Commercial Contracts", New York: University Law and Economics Working,2013. (in English)
    • Eisenberg, Melvina. "Actual and Virtual Specific Performance, The Theory of Efficient Breach, and the Indifference Principle in Contract Law":California Law Review,2005. (in English)
    • Elhawi Nazari, Mehdi and Mohammad Mehdi Moqdadi. "Damage of inflation and loss of money interests in damages for delay in payment and compliance with common law and French law". Journal of Comparative Law (Useful Letter), 7(2)(2020):181-206. (in Persian)
    • Faqih Nakhjiri, Hassan. Private litigation in the criminal court. Tehran, Davrpanah Publishing House, 1992. (in Persian)
    • Friedman david.; The New Palgrave Dictionary of Economics and the Law,V. 1983. (in English)
    • Ghaemi Asl, Mehdi, Abbas Ali Soltani, Seyed Mehdi Mostafavi Targhee and Seyed Ali Zabarjadi Mushfaq. "A comparative study of the concept of poverty in Imami jurisprudence and conventional economics; Introducing the concept of sufficient richness in Imami jurisprudence literature. Islamic Economic Studies 9 (2) (2014): 59-86. (in Persian)
    • Ghasemzadeh, Morteza. Obligations and civil liability without contract. 8th edition, Tehran: Mizan publishing house, 2018. (in Persian)
    • Glazed oven, enamel. "Economic analysis of the basics of civil responsibility". PhD thesis, Boali Sina University, Hamadan, 2021. (in Persian)
    • God bless you, Abdullah. Insurance and civil liability rights. 3rd edition, Tehran: Sahami Ataheh Company, 2021. (in Persian)
    • Gurbanpour, Amir Mahdi. "Fault and causation relationship in civil liability system". Judicial Law Journal, (54) (2006): 11-36. (in Persian)
    • Habibi Dargah, Behnam. Economic analysis of private rights (substantive and formal). First edition, Tehran: Majd, 2010. (in Persian)
    • Haji Azizi, Bijan. "Damage compensation methods in civil liability". Scientific-Research Monthly of Shahid University 9(36) (2001): 63-72. (in Persian)
    • Hayati, Ali Abbas. "The concept and method of compensation for group damages (a comparative study in Iranian and French law)". Scientific quarterly of legal encyclopedias 2 (4) (2018): 120-136. (in Persian)
    • Hemti, Mojtabi. "Social welfare rights and forms of judicial control". Strategy Quarterly 18 (50) (2018): 63-100. (in Persian)
    • Hosseini Nejad, Hossein Qoli. Civil liability. First edition, Tehran: Majd, 2010. (in Persian)
    • Hosseini, Seyed Hossein, Seyedah Tahereh Khabari Khader, Nasreen Rezaei Moghadam and Sadegh Safari. "Evaluating the costs of the judicial system in Sadro and the death sentence in drug crimes (with a case-by-case look at paragraph 6 of article 8 of the Law on the Amendment of the Anti-Narcotics Law)". Monetary and financial economics researches (new knowledge and development) 25(16) (2017), 135-166. (in Persian)
    • Karimi, Abbas and Mohammad Hadi Javaherkalam. Analysis of unanimous decision No. 733 of the General Board of the Supreme Court; Emphasizing the nature of money and distinguishing between devaluation of money, damage of late payment and damage caused by price increase. Encyclopedia of Economic Law 27(17) (2019): 1-24. (in Persian)
    • Katouzian, Nasser. Civil rights, general theory of obligations. Fifth edition, Tehran: Mizan publishing house, 2010. (in Persian)
    • Katouzian, Nasser. Obligations outside the contract (compulsory warranty). Volume I, second edition, Tehran: Tehran University Press, 2018. (in Persian)
    • Mohaghegh Damad, Seyyed Mustafa. Rules of Jurisprudence, second volume, twelfth edition, Tehran: Islamic Sciences Publishing Center, 1906. (in Persian)
    • Mohibi, Abolfazl. "Economic analysis of guarantee of civil executions for violation of monetary obligations". Justice Journal 78 (87) (2013): 113-144. (in Persian)
    • Molodi, Mohammad, Bijan Haji Azizi and Negin Gholami. "Economic bases of damage distribution in civil liability". Legal Studies 10(3) (2017) 227-258. (in Persian)
    • Naqibi, Abulqasem. "The theory of financial compensation for moral damage in Islamic law". Fiqh and Islamic Law Quarterly of Imam Sadiq University (AS) 77 (2007): 181-215.. (in Persian)
    • Nazari, Mohsen. Microeconomics. Nagh Danesh, 6th edition, 2022. (in Persian)
    • Nik Farjam, Zahra. "Compensation for moral damage in jurisprudence and law". Jurisprudential foundations of Islamic law (Research paper on Islamic jurisprudence and law) 6 (11) (2012): 105-127. (in Persian)
    • Oswald, Lynda J."Strict Liability of Individuals under CERCLA": A Normative Analysis", Volume 20 , Boston College Environmental Affairs Law Review. 1993. (in English)
    • Owen,Richard. Essential Tort Law, Third Edition:UK ,London . Sydney: Canvendish Publication,2000. (in English)
    • Pahkideh, Amin, Javad Pourkarmi and Saeed Khordmandi. "Feasibility of realizing preventive civil responsibility with a comparative view of jurisprudence and international law". Research Journal of Comparative Law 6 (2) (2021): 7-26. (in Persian)
    • Part of Tabrizi, Ali. "Principle of full compensation of losses". Fiqh and Islamic Law Studies, 13(2006): 135-174. (in Persian)
    • Prayers of Habib Allah. development management. Second edition, Mashhad: Bayan Hedayat Noor, 2013. (in Persian)
    • Rajaei, Fatima. "Comparative study of the time and place of damage assessment in extra-contractual liability in Iranian and Egyptian law". Comparative Law Research 20 (1) (2015): 45-76. (in Persian)
    • Ranjbar, Masoud Reza. Determining damages due to breach of contract. First edition, Tehran: Mizan publishing house,2008. (in Persian)
    • Rawls, John, Rawls's Political Liberalism: Edited by Thom Brooks and Martha C. Nussbaum. Columbia University Press, May 2015. (in English)
    • Ribeiro, Robert . Damages and Other Remedies for Breach of Commercial Contracts, First Pub, UK: Thorogood Publication,2002. (in English)
    • Rostami, Mohammad Zaman and Mohammad Hadi Rostami. "Process and theoretical foundations of the approach of economic analysis of rights and its effect on economic growth". Quarterly Journal of Economic Law of the New Period 26(16) (2018): 55-76(in Persian).
    • Rowan, Solene, Remedies for Breach of Contract, Oxford Scholarship Online: 24  March 2012. (in English)
    • Sadeghi Neshat, Amir Hossein. "The right to terminate the contract despite the possibility of enforcement in Iranian law". Tehran University Law Quarterly 39 (4) (2012): 297-314. (in Persian)
    • Sadeghi, Alireza, Javad Niknejad and Seyed Hassan Hosseini Moghadam. "An analysis of the legislator's economic point of view regarding some rules governing compensation for property damage". The Quarterly Journal of Excellence in Law 12(2) (2021): 28-49.
    • Safaei, Seyed Hossein and Habibullah Rahimi. Civil liability (obligations outside the contract). 8th edition, Tehran: Samit Publishing House, 2014. (in Persian)
    • Shahabi, Mehdi and Azadeh Masoudipour. "Economic analysis of rights and revitalization of the idea of fault in the compensation system with an emphasis on American judicial practice". Encyclopedia of Economic Law (Former Knowledge and Development) 19 (4) (2012): 56-28. (in Persian)
    • Shakiba, Mansour, Pejman Mohammadi and Siavash Shuja Pourian. "The time and place of assessment and compensation of contractual damages in the laws of Iran, the UAE and the Convention on the International Sale of Goods with a view to the hypothesis of moral relativity". Ethical Research 9(3) (2018):295-277. (in Persian)
    • Steven Shavell ," Economic analysis of accident Law (part of Foundations of Economic Analysis of Law)"Harvard Law School, Discussion Paper, 2002. (available http://papers.ssrn.com/abstract=367800) (in English)
    • Stone, Richard , the Modern Law of Contract ,9th Edition, London: 2011. https://doi.org/10.4324/9780203813829 (in English)
    • Taghizadeh Khawajkini, Fatemeh. "Comparative study of the general (common) rules of compensating non-performance of contracts in Iranian and European laws". Master's thesis, University of Qom, 2013. (in Persian)
    • Treitel, Guenter . The Law of Contract, 11th Edition, London: Sweet & Maxwell.2003. (in English)
    • Treitel, Sir Guenter, The Law of Contract 15th ed, Fourteenth, UK:Sweet & Maxwell Ltd,2015. (in English)
    • Tunce, Andre . International Encyclopedia of Comparative Law , Vol. XI,Torts, Ch. 11, London:1971. (in English)
    • Wasali, Saeed and Reza Omidi. "The relationship between ethics, economy and social welfare". Welfare and Social Development Planning Journal 4 (12) (2013): 79-104. (in Persian)
    • Werro, Franz et Pichonnaz, Pascal , le process en responsabile civile, bern: Stampfli Editions ,2011. (in English)
    • Yazdani, Farshid. "Fundamental concepts in social welfare topics (social policy, social support, welfare and social security)". Social Welfare Quarterly, Special issue of Social Policy. 10(2012): 31-54. (in Persian)