Investigating how to Resolve Lawsuits without Coercive Means Using Restorative Justice and Pacifist Criminology

Publish Year: 1401
نوع سند: مقاله ژورنالی
زبان: English
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JR_JHSR-9-39_003

تاریخ نمایه سازی: 26 مرداد 1402

Abstract:

Basically, avoiding coercion is one of the most important amicable methods of resolving disputes privately and confidentially, as well as faster and cheaper than judicial proceedings. The religion of Islam emphasizes peace and compromise as a way to eliminate strife and conflict between people. Therefore, according to the importance of the subject, in this research, which was written in an analytical-descriptive manner with an inferential approach, the issue of pacifist criminology and its propositions such as restorative justice were examined in the light of Iran's internal laws. The results indicate the importance and efficiency of this legal establishment under the banner of observing the principle of fairness and justice and avoiding legal chaos, and therefore it is concluded that basically the legitimacy of using peace and compromise to resolve disputes is the consensus of all jurists and jurists and therefore the legislator has also established regulations regarding reconciliation and its formalities. Considering the high density of cases in the judicial system of the country, as well as the many benefits of resolving disputes through peace and compromise, accepting compromise and peace is one of the channels that serve as the final chapter of many lawsuits and faster resolution of disputes, removing the main source of conflict and creating a basis for relations. Friendship between the parties and preventing new lawsuits can be very useful. For this purpose, the legislator has taken the necessary measures in order to play a greater role of peace and compromise in the settlement of disputes and by creating a suitable platform for the promotion and use of peace and compromise, a greater part of disputes and disputes can be resolved through this friendly method to decide.

Authors

ندا غلامپور

Master of Laws, Criminal Justice and Criminology, Islamic Azad University, Golbahar Branch, Razavi Khorasan, Iran