Authors
1
PhD student, Fiqh and Fundamentals of Islamic Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2
Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
3
Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
10.22034/jgeoq.2024.80803.1015
Abstract
Adopting a criminal policy in confronting the phenomenon of administrative corruption in the administrative legal system and Islamic jurisprudence from four legislative-participatory-executive and judicial perspectives is certain and undeniable. Administrative corruption, the main foundation of governments, systems and legal schools of nations in different ages has targeted these assumptions and proves this issue. The author tries to examine the theoretical framework, formal and substantive dimensions, the criteria of supervision and efficiency of laws and their effectiveness, adopting participatory policies and guaranteeing judicial execution in two dimensions of investigating administrative corruption, regarding agents and corruption. caused by government employees and damages to the Treasury, emphasizing the necessity of doing this thesis and finding answers to the questions raised and investigating the hypotheses. Effective components, criteria and indicators in line with the importance of criminal laws in their direct relationship with the rights of the nation, on the one hand, the need to adapt the current laws, especially in the case of crimes whose punishment is determined by the Shariah, with Sharia standards on the other hand, and the necessity of meritocracy. Simplicity of life, equal rights of all, justice, trust, transparency, efficiency and public supervision and the effects of proceedings are prominent features in this regard. By examining the legislative criminal policy of the administrative law system, it was determined that, despite the approval of laws and attention to the need for notification, Iran's administrative law system lacks a differential criminal response to the wealth of public agents, guarantees of executions.
Keywords
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