جستجوی مقالات مرتبط با کلیدواژه "شورای عالی فضای مجازی" در نشریات گروه "فقه و حقوق"

During the past years, cyberspace has become of the main issues of governments, and cryptocurrencies has been recognized as a sensitive area in need of policy in all countries of the world .This article, looking for: "What should be the pattern of regulating the virtual space, especially the phenomenon of cryptocurrencies in Iran, considering the legal status of the Supreme Council of Cyberspace and the comparative experience of China?" In this regard, by using library resources, the relationship between governance and regulation of virtual space has been described first, and then the concept of governance and regulation of cryptocurrencies have been discussed. In the following, we will compare the structure, duties and actions of China in the regulation of cyberspace, especially cryptocurrencies, with the actions of Iran, because the institution and structure of the regulation of cyberspace in China and Iran have similarities, including the fact that both of them use a supra-governmental structure to regulate cyberspace. The results show that firstly, the legal position of the Iran's Cyberspace Supreme Council in specialized issues of cyberspace such as cryptocurrencies, which have different dimensions, should be as a regulator of the regulators . Secondly, the multi-dimensionality of the issue of cryptocurrencies and the interference of different areas of money, finance, energy, industry and trade doubles the need for a national coordination headquarters, which has not been given serious attention so far.

Nowadays, virtual space has become an inseparable part of people's lives, and with a rapid speed, it has affected all aspects of life. Technological revolution, influenced the freedom of expression in such a modern way that the development of radio and television had never done. This revolution revealed new manifestations of freedom of expression. With new developments in this field, gradually, cultural participation in various fields of the society became more prominent and the relations that were done in limited formats became bolder and more noticeable. However, the possibility to control and make restrictions in different types of communication also became more evident. Such Control that is done mainly through governmental mechanisms and opposition to the free exchange of information has entered a new stage with emergence of the social networks. Censorship, filtering and monitoring of the data and content, and progress in interception methods of correspondence and conversations in such networks have increased in line with the epidemic of these networks. In the present research, while attempting at referring to the freedom of information circulation in the virtual space, the role of the Supreme Council of Cyber Space in explicitation of the laws governing the cyberspace has been examined.

With the increasing use of the Internet and cyberspace, several countries decided to organize cyberspace. Hence The Supreme Council of Cyberspace was established in 2011 by the decree of Ayatollah Khamenei for decision-making and policy-making in the field of cyberspace. In recent years, the council has adopted several legal rules in the field of cyberspace. Given the extensive powers of the High Council of Cyberspace in formulating binding regulations and creating various rights and duties for citizens, this article seeks to answer the question of the necessity, obstacles and possible ways to monitor the decisions of the High Council of Cyberspace in What is the legal system of Iran? In the present study, in a descriptive-analytical format, it was concluded that although factors such as the ambiguity of the nature of the decisions of the High Council of Cyberspace and the necessity of publishing the resolutions of this council, prevent monitoring the decisions of the High Council of Cyberspace, but by removing these obstacles and Considering the need to monitor these resolutions, the people, the jurists of the Guardian Council, the Supreme Leader and the Court of Administrative Justice should provide the ground for monitoring the resolutions of this council, and the procedures contrary to this finding need to be corrected.

The "Document for the Protection of Children and Adolescents in Cyberspace" creates a national model for legal regulation and management of cyberspace regarding Iranian children and adolescents. The spirit of this document, which is protectionism, is realized through "creating a protected virtual environment for children and teenagers". The realization of this importance is through the development of content that meets the special needs of children and teenagers, classifying cyber services, the establishment of a support and monitoring system, and cultivating and promoting cyber knowledge and international interactions. In General Comment No. 25, by introducing a guiding framework for the protection of children in cyberspace, the Committee on Rights of the Child (CRC) has given authenticity to the "protection of the best interests of the child" in cyberspace. The content of this model includes the obligation to eliminate all forms of discrimination against children, protection of the child's best interests and attention to his views, and national policy making, national and international cooperation, allocation of resources, evaluation of virtual effects, virtual knowledge enhancement, monitoring, preparation for litigation. And compensation is the solution to realize this important. This research using the descriptive-analytical method and in a comparative way shows that the model of "protection document" with priority given to national considerations including cultural-Islamic values and efforts to develop a protected virtual environment on the basis of the national information network and (not International Information Network) aims to draw an independent legal framework but related to the international obligations of the Islamic Republic of Iran.

One of the most important principles governing governance is the rule of law. One of the important effects and requirements of the principle of rule of law is that all subordinate regulations must follow the superior acts and regulations and not contradict them. In the Iranian legal system, by accepting this principle, has been emphasized on the noncontradiction of subordinate rules with superior rules. According to Article (4) of the Constitution, all acts and regulations must comply with Sharia standards. Also, based on the various clauses of the general policies of the legislative system, including clause (2) of these policies, has been emphasized on the monitoring of laws and regulations in order not to conflict with Sharia and the Constitution. In Iranian legal system, based on the principles (170) and (173) of the Constitution, judicial supervision of compliance with Sharia standards and the Constitution is assigned to the Administrative Court of Justice. On the other hand, Supreme Council of Cultural Revolution and Supreme Council of Cyber Space are two important bodies with authority in the field of establishing enforceable rules, which according to Note (2) of Article (12) of the Law of the Administrative Court of Justice, judicial supervision of the approvals of these councils if in the field It is beyond the jurisdiction of the court to act on their own. Of course, the authority to determine which of the provisions was outside the jurisdiction of these two institutions is also within the jurisdiction of the Administrative Court of Justice. Monitoring the non-contradiction of any regulations enacted by the subcommittees of these two institutions is under the jurisdiction of the Administrative Court of Justice.

The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its expansion has caused various damages in Communities have become. The present study intends to prevent and deal with these crimes and the damages caused by them and how to formulate criminal policies on cybercrime in the context of the legislative criminal policy of Iran and the European Union in order to take the lead of this union in the fight against crime. Cyberspace and the development of an efficient criminal policy system can also benefit from their experiences in eliminating the weaknesses and gaps in the country's criminal policy in dealing with cybercrime.

The present study is written by descriptive-analytical method.

The study indicates that the strength and correlation of the range of criminal policies adopted in the European Union, given the history and antiquity of legislation and the fight against cybercrime, is greater and deeper than the Iranian penal system. Iran's legislative criminal policy based on criminal policy and distancing itself from non-criminal preventive measures and not adopting situational and social preventive measures of crime and lack of proper understanding of the law inability to predict emerging crimes in the future and the culture of misuse of space Cyber ​​is one of the main reasons for the inefficiency of Iran's criminal policy.

The sovereignty in any legal system is divided into separate sections with independent functions. The legislative task is generally delegated to the legislature, whose members are elected by people. In the system of the Islamic Republic of Iran, the general authority conferred by the Constitution in accordance with Article 71 of the Constitution has been assigned by specific legislative bodies. The existence of these institutions is necessary and useful for organizing minor affairs and community events. Certain legislators sometimes violate the hierarchy of laws and the rule of law, inflate laws, function in parallelism, and fail to recognize rights and duties by departing from the jurisdiction of other entities. The Supreme Council of Cyberspace is one of the special regulatory bodies in Iranian legal system whose review shows that the Council has set out rules beyond its jurisdiction and intervened in other matters. In this paper, which has been formulated through a library approach, it has been suggested that the High Council of Cyberspace, in cooperation with other authorities and organizations, should replace the enactment of necessary approvals.

Public power in Iran has been entrusted to those institutions which are exist in constitution and laws. Moreover the other exquisite ones that are established by other norms, enjoy public power too, such as Supreme Councils of the Cultural Revolution and the cyberspace. These institutions have almost certain tasks in their establishing foundation. Generally these tasks come from the concept of policy-making. Given the creating norms by these institutions, oversighting them to ensure the norms hierarchy is inevitable.  In Iran after a lot of arches, the bill of amendment of administrative justice court has recognized, under certain circumstances, the oversight on these enactments to ensure that they are within the policy-making framework. In this research, we have explored the concept, features, and levels of policy, and We have made clear the limits of the policy-making of these councils until the limitation of judicial review on the enactments of these institutions will be clear. On the one hand, we have mentioned some of the cases of these councils and realized from their evaluation that in many cases, these councils have not been committed to policy-making framework and have entered the limits of law or regulation. The latter proposition further reveals the need for judicial review on these councils.

Regulation in the domain of cyberspace is one of the new concepts and the coordinates of the modern society. The main question of the article is what are the properties of the regulation of the Iranian cyberspace and through which duct it has been created in the Iranian legal system. In addition, we want to find out the similarities and differences between iranian legal system and the similar institutions in China. It seems that the institution and structure of regulation of cyberspace in China in different aspects has more similarities with the Islamic Republic of Iran and in some cases it can be an example for Iran. Within Iran, the Supreme Council of the Cyberspace is the central trustee and pivot of the regulation of virtual scope regulation, and the other organizations to be competent in any part of regulation of the cyberspace should have a legal source that is positive for their competence and exceptional on the common competence of the Supreme Council of the Cyberpace. Although, during the discussion, several library sources of Persian and Latin have been used, but the main bases of the thesis, whether in Iran or foreign countries, laws in countries and international institutions, principles and rules of public law.

The question of reason and possibility of legal enforcement of morality rooted in fundamental concepts of public LAW, such as freedom and law, and the answer to this question have a great influence on determining the form and functions of the state. What is being discussed in this article is that, by contradiction between the morality and authority of the state, how should be the morality enforcement  and in other words, what is  the mechanisms of the morality enforcement in the Islamic Republic as a concrete example of the Islamic state? The answer to this question, in addition to the fact that it is possible to enter the state in the field of morality and the requirement for it, can be a base to the assessment of the validity of the state's morality enforcement, and to use these mechanisms in various subjects or to amend them. In this article, which is prepared by the method of library studying and analyzing the legal- juridical system of the Islamic Republic of Iran, after expressing the concept of morality and a brief examination of the principles of limiting the freedom of individuals by law, the laws and institutions of the Islamic Republic of Iran are analyzed. It can be said that prioritization of morality enforcement, such as the mechanism of the Islamic Republic's fundamental rights, the method of Appointment and supervising state agents, the establishment of special institutions for the promotion of morality, and public supervision have the priority that the morality enforcement of Judiciary. The use of force is the last level of the morality enforcement.