Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

A Comparative Study of Policymaking Regarding Urban Nuisance in Iran and England: From Elimination of Nuisance to Community-Oriented Problem Solving

Document Type : scientific research paper

Authors
1 PhD student in criminal law and criminology, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
2 Associate Professor, Department of Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
3 Associate Professor, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Abstract
Urban nuisances are a growing legal and social reality in Iranian cities, whose effects have challenged the comfort of citizens' daily lives. As the basis of this growth, Iran's legal system has not been able to consider urban nuisance as a problem and only insists on removing the nuisance, thus it has not been able to provide appropriate answers. A circle of ineffective processes and disputes are placed with each other. In England, in line with industrialization, this problem existed in the cities, therefore, after the emergence of the results, it was tried to maintain effectiveness by recognizing the problem of orientation of the processes towards community-oriented approaches. The main question of this article Adaptation of the changes that have occurred in policy-making and recognition of urban nuisance and the extent to which each of the legal systems of Iran and England have problem-oriented and community-based approaches? For this purpose, this article examines the answer to this question through the examination of the regulations and the answers in the regulations of the two countries. The findings of the research show that the English legal system by changing policies and adopting community-oriented and victim-oriented approaches and making regulations in accordance with those answers It offers more effectiveness in comparison with Iran's current processes, so it has a greater ability to solve problems. Therefore, it seems that the executive-legislative system of Iran should also take a similar path and while recognizing the urban nuisances, it should make appropriate regulations. In addition, since the nature of urban nuisances is social, the policies should be based on this. Priority should be given to problem-solving and community-oriented approaches. The second priority is to make policies and interventions by considering the victims of Urban nuisances so that interventions can be varied and diverse based on these areas.
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