نوع مقاله : علمی و پژوهشی
نویسندگان
1 دانشگاه تهران، تهران، ایران
2 گروه حقوق عمومی دانشکده حقوق دانشگاه تهران، تهران، تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Public interest includes things that are beneficial for the mass of people. Public interest litigation with a broad understanding of the rule of the right to file a lawsuit and allowing individuals or non-governmental organizations to file lawsuits on behalf of the people, plays an important role in access to justice and prosecution to prove or enforce the rights of the people who are deprived for various reasons such as poverty. , disability, illiteracy or neglect, they are not able to exercise their rights. According to Article 156 of the Constitution, the judiciary is responsible for realizing justice, and according to paragraph 2 of this article, the task of restoring public rights, which itself causes the restoration of justice in the society, has been assigned to this branch. The guidelines for the supervision and follow-up of public rights approved on 3/11/2017, However, the wide range of tasks in the supervisory and judicial aspect of the prosecutor prevents the desired realization of the mission of restoring public rights. Therefore, it is necessary to identify the public interest litigation by the legislator or in the judicial procedure in order to achieve the desired realization of justice. In this research, using a descriptive-analytical method, by examining Iran's laws and regulations and looking at other legal systems, it has been explained that in Iran's legal system, this capacity has not been accepted, and each person has the right to sue only by having a direct personal interest.
کلیدواژهها [English]
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