نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی،گروه حقوق،واحد نجف آباد،دانشگاه آزاد اسلامی ، نجف آباد، ایران
2 استادیار گروه حقوق، واحد نجف اباد، دانشگاه ازاد اسلامی، نجف آباد،ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The phenomenon of encroachment on national and state lands is affected by many legal, social, cultural, and economic reasons. Of course, any action to solve these problems will require the use of studies and the approaches of the relevant fields. In the legal field, the most important challenges are related to the lack of The organization of national and public property, the unlimited period of objection to the recognition theory, the deficiency in the legal system of land transfer, legislative inflation and overall inefficiency are affected by the evident weakness in legislative, judicial, executive, registration measures and non-compliance with the legislative philosophy. It seems that the strategies to get out of the problems caused by inefficiency can be found in prohibiting the unlimited transfer of government lands, creating specialized courts, speeding up judicial proceedings for crimes related to land, considering the proportionality between crime and punishment, applying the cadastral plan and consolidating laws in order to Fixing parallelism between devices. This research, with descriptive analytical method and with the aim of achieving the desired model in realizing efficiency by relying on appropriate approaches to solve these problems, has looked at the shortcomings in three legislative, judicial and executive areas. In the analytical study of the main hypothesis, it has been proven that the laws related to the nationalization of forests are ineffective and even violate the goals and basic principles of the legal system governing national lands.
کلیدواژه‌ها [English]
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