پديدآورندگان :
Dehghani Reza DR.RD.IRAN@chmail.ir (Ph.D. student of jurisprudence and Islamic law of Urmia University, lecturer at Farhangian University , Qureishi Seyyed Mehdi Assistant Professor of Urmia University, PhD in jurisprudence and Islamic law , Javadi Mohammad Hassan Associate Professor of Urmia University, PhD in jurisprudence and Islamic law
كليدواژه :
immunity , liability , government , judicial decisions , the reasons for pros and the reasons for cons.
چكيده فارسي :
Throughout the history of the judiciary and private prosecution, the right to go straight to the system of voluntary consolidation and from the system of voluntary consolidation to mandatory consolidation and from it to the public prosecution was changed and the government steered through the judiciary and courts. Consequently, responsibility for history has been a fateful and evolving fate. Since the birth of the early societies, the foundations have evolved and evolved. The thought of anyone s responsibility to his actions is as old as human life
In Iran, like many countries, the civil responsibility of the state and the national institutions is the accepted principle. And the possibility of petitioning the people from the government, in particular, from judges and judges in Articles 171 and 173 of the Constitution, and in some way in Article 167 of the Constitution and also in the last clause of Article 11 of the Civil Criminal Law and Articles 255 to 260 of the Criminal Procedure Code, clearly stipulated Has been; Therefore, the civil liability of the state in judicial decisions is a requirement of the state to the detriment of the loss suffered by him as a result of unlawful acts of the fault or error of the judicial system or its employees, attributable to the state or non-action Legalized by the government Or the state s duty to pay damages that are prescribed by law Therefore, considering such a responsibility for the government is a logical consequence of the rule of law And justice ruled that there would be no harm, whether material or immaterial, without compensation.
In this article, for reasons and documents governing the idea of government immunity against judicial decisions, and then for reasons of civil responsibility of the state is mentioned. And we are going to state how and where and to what extent, with legal and legal principles and principles, we can accept the responsibility of the state against losses caused by judicial decisions.
