An Analysis of Role of Governmental Discretionary Punishments from the View of Iranian Jurisprudence and Law

The necessity of governing market is one issues covered under “probate” (hesba) and today is enforced within the governmental discretionary punishments in a modern form. Today with spreading of trade relations and existing evolutions in field of commercial contracts, the main issue of this study is about necessity of sup[۱]ervision of governmental discretionary punishments organization on related litigations according to their special circumstances including challenges faced this organization. This research concludes that in spite of positive functions performed in regards of dealing with and judgment of the commercial litigations, the organization is faced several challenges which most of them are related to inadequacy of regulations of supervision on the commercial litigations and lack of clarity of hearing ones.

کلیدواژه ها:

Discretionary punishments (Tazir) ، Probate (hesba) ، Governmental discretionary punishments Commercial litigations ، Commercial arbitration