نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In order to impose liability for damages on individuals, the existence of three elements of harm, harmful act, and causal relationship between the harm caused and the harmful act is necessary. The present study examines the laws and judicial procedures on the civil liability of the police in the two administrative law systems of Iran and England. The research method in this study is descriptive-analytical and uses library resources. In the dealings of criminals and defendants with the police, Iranian law considers one of the conditions for payment of damages by the police to be the victim's lack of fault (innocence). In addition, the way in which the victim and the police act in causing the damage has various assumptions, among which the assumption of both participating in causing the damage is the most complex. Judicial procedures also do not follow a single point of view and have considered various matters, including attention to legal criteria, bloodguilt, etc., in terms of the method of action and determination of the victim's and the police's fault. Criteria such as protection of the injured party and consideration of the rights of police officers, justice and non-discrimination in dealing with similar cases, preventing the exploitation of violators of public order, regarding the civil liability of the police, indicate the commonalities and differences between these two legal systems in the details of the conditions of civil liability.
کلیدواژهها English