Document Type : Article

Authors

1 Ph.D. Student in Public law, Yazd Branch, Islamic Azad University, Yazd, Iran

2 Associate Prof., Department of Law, Faculty of Law, Political Science and History, Yazd University, Yazd, Iran

3 Assistant Prof., Department of Law, Yazd Branch, Islamic Azad University, Yazd, Iran

Abstract

Regulation is one of the important economic roles of governments, which aims to determine market structures and rules and regulate the process of production and distribution of goods under the supervision of government regulations. One of the most important parts of regulation is the legal system that governs it, which plays a significant role in the development and stability of a country's economy, especially in the regulation of the capital market. And countries like Iran must solve the challenges of implementing regulations and effective supervision of their capital market. This article examines the development of a legal system model to regulate the capital market in Iran with a data-based approach and focuses on the key principles of a modern and efficient legal system and how to apply these principles in the Iranian capital market. The statistical population included 12 capital market activists, experts and university professors related to the subject of the research The data were analyzed using the three-step coding method of Strauss and Corbin. The findings of the research show that the design of a suitable legal system model for regulating the capital market of Iran is necessary in order to improve the performance and transparency of this market. Also, effective interactions between financial actors and strengthening of independent regulatory institutions can help to reduce challenges and obstacles in regulation.

Keywords

Main Subjects

  1. English

    1. A) Book
    2. Bora, A. (2017). Semantic of Ruling: Reflective Theories Of Regulation, Governance and Law. Massachusetts: Edward Elgar Publishing.
    3. Uche, Ch. (2000). The Theory of Regulation, Department of Banking and Finance. University of Nigeria Publication.
    4. Urquhart, C. (2013). Grounded theory for qualitative research. London: Sage Publication.

     

    1. B) Article
    2. Abdmoulah, W. (2010). Testing the Evolving Efficiency of Arab Stock Markets. International Review of Financial, 19 (1), 25-34.
    3. Andoni, M., & Robu, V. (2019). Flynn, Blockchain technology in the energy sector: A systematic review of challenges and opportunities. Renewable and Sustainable Energy Reviews, (100), 143–174.
    4. Jung, C. (2011-2012). The False Choice between Financial Transparency and Litigant Confidentiality. Citation, 67 Bus. Law, 471.
    5. Madura, J. (2010). Financial Institutions and Market, 9th edition, Florida, Atlantic university.

     

    References In Persian:

    1. A) Articles
    2. Ansari, A., Toosi, A., & Heidari Soreshjani, M. (2015). Legal Analysis of the Structure of the Stock Exchange Company and Its Role in Increasing the Efficiency of Capital Market Transactions, Stock Exchange, Year 8, 53-71 (In Persian).
    3. Bagheri, M., & Ihzadari, A. (2019). Legal Dimensions of the Unorganized Capital Market; With a Comparative Perspective in the Law of the United States of America. Private Law Research, 7 (26) (In Persian).
    4. Zarei, M. H., & Matani, M. A. (2019), Banking Regulatory Law and Its Damages in the Iranian Banking System. Legal Research, 22 (86), 1-28 (In Persian).
    5. Zakerinia, H., Gholampor, Z., & Bagheri, M. (2014). An Introduction to the Legal Dimensions of Algorithmic Transactions in the Stock Exchange and Securities Market. Private Law Studies, 53 (2), 185-204 (In Persian).
    6. Ghasemi, N., & Kamali, M. (2023), Principles of Handling Stock Exchange Crimes in Iranian Law. Legal Civilization, (16), 5-16 (In Persian).
    7. Ghaemmanesh, S. A. (2023), Principles and Rules Governing Stock Exchange Transactions. Legal Civilization, (14), 109-122 (In Persian).
    8. Manzoor, D., & Hosseinzadeh Yazdi, A. (2019), Regulation and Regulation of the Financial System in Iran: A Comparative Assessment, Quarterly Journal of Monetary and Banking Research, 13(43), 149-188 (In Persian).
    9. Emamian, S. M. S., Zolfaghari, A., Mohammadzadeh, E., & Zamanian, M. (2018). The Concept of Regulation and Its Relationship with Governance (Report), Office of Public Sector Economic Studies, Deputy for Economica Research, (15940), 1-56 (In Persian).
    10. Securities Market Law of the Islamic Republic of Iran, approved in 2005, available on the website of the Research Center of the Islamic Consultative Assembly rc.majlis.ir/fa/law/show/97 (In Persian).