چکیده:
The establishment of liability and the civil responsibility of the state regarding the harmful actions of its employees can be demonstrated based on several general and specific proofs. One dimension of this discussion is examining liability from the perspective of the general responsibilities of the state and public interests, and the relationship between citizens and the state, particularly in light of government transformations and the expansion of its intervention in the lives of citizens. On one hand, understanding the origins of government and the state, its evolution over time, and the expansion of its influence and intervention; and on the other hand, analyzing the religious perspective of the general responsibilities of the state and the centrality of public interests in jurisprudence, places the researcher in line with other general rules and specific jurisprudential proofs that indicate the liability and responsibility of the state regarding the harmful actions of its employees. In this article, in addition to referring to the transformations of the state, state liability is examined from the perspective of the general responsibilities of the state and the requirements of public interests.
خلاصه ماشینی:
The Role of Government Transformations, General State Responsibilities, and Public Interests in Establishing State Liability Seyyed Zia Mortazavi 1 Date of Receipt: 24/10/93 Associate Professor at the Research Institute of Islamic Sciences and Culture | Date of Approval: 07/04/94 Abstract The establishment of state liability and civil responsibility for the harmful actions of employees can be demonstrated based on several general and specific proofs.
Undoubtedly, the transformation in the way the origin of the state is perceived and its relationship with the people, the fundamental, extensive, and progressive movement of various societies toward democracy, the shaping of modern political systems based on public will, and also the expansion of the scope of government services—which is actually the expansion of their sphere of intervention in the lives of citizens and a massive transformation in the functions of governments—are two pivotal and indeed the primary sources for the emergence of the necessity for greater governmental accountability, including compensation for damages resulting from their harmful actions.
Furthermore, if the origin of the formation of governments is also considered to be God's "creative" (takwini) will and we believe that God has endowed human societies with rulers as His shadow and representative, and that according to His "legislative" (tashri'i) will, one must submit to their leadership, this matter does not conflict with the condition that they must be accountable to the people and adhere to truth and justice (law) as an external reality observing the human and social needs of mankind, there is no inconsistency; in other words, God Almighty, by His legislative will, obligates governments to be accountable to citizens, including compensating for the damages inflicted upon them.
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