abbas tadayyon; zeinab bagherinejad
Abstract
Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility ...
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Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility of principle. Accordingly, fundamental principles of procedure are broad and permanent principles that originated of fundamental and constitutional law that their existence causes duration and continuity and their absence causes fragmentation of procedure life and its legitimacy. Fundamental principles in preliminary research phase, on the one hand, in framework of principles and rules governing on protection of individual rights and freedom of accused and victim and on the other hand, in framework of principles and rules related to protection of order and security of social people has ability to operation and enforce. Security and guaranty of these fundamental principles through recognition of relationship these principles with procedure measures and determination of suitable enforcement against any lack of attention or violation are Possible.
