فهرست مطالب محمد خورشیدی اطهر

FATA Police is known as the only active unit in the field of protecting citizens' rights in the cyber space. This police is responsible for fighting the violation of civil rights in the cyberspace in two dimensions: prevention and prosecution. Cyber police eliminate the opportunities to commit cybercrimes by adopting preventive measures along, so that it is possible to implement all the rights and freedoms of citizens in cyber space. The two-way relationship between FATA police and cyber citizens requires that the institutions of this police, guarantee the observance of citizen's rights in the cyber space. In the current research, through the library study of documents and by analyzing and describing the role of FATA police in protecting citizen's rights, the negative aspect of the activities of this police in cases of violation of citizen's rights in the cyber space has been addressed. The appropriateness or not of Iran's legislative criminal policy in relation to the violation of citizens' rights by the cyber police is a question that this article is responsible for answering with the aim of pathology. It seems that with a logical interpretation of Article (570) of the Islamic Penal Code as a general authority in determining the guarantee of criminal execution for the violation of any citizen's rights and freedoms in the cyberspace, FATA police can be considered responsible.

Competence of the Judicial Organization of the Armed Forces in accordance with Article (172) of the Constitution of the Islamic Republic of Iran, Article (1) of the Penal Code of the Armed Forces adopted in an Article (597) of the Code of Criminal Procedure adopted in limited to crimes related to special military duties. But, based on the necessity of some interests, the competence of the judiciary of the armed forces has developed. The dominance of the two principles of centralism and the necessity of the provisions governing the development of the jurisdiction of the judiciary of the armed forces necessitates. in the field of legislation regarding the competence of the judiciary, it is necessary to expand the competence of the Armed Forces in the same law that provided for the establishment of that authority. Therefore, the most important requirement for the development of the jurisdiction of the Judiciary of the Armed Forces is the necessity of restricting the jurisdiction of the general authorities of the judiciary. The present analytical research uses the method of studying documents and library resources to explain this issue. Based on these two principles governing the legislative system for the development of the jurisdiction of the judiciary in the intersection between security and libertarianism, the norms of a fair and just trial are guaranteed so that criminal justice is not violated.

The development and advancement of information and communication technologies along with its effective functions on many and varied issues related to human life has caused damage to the rights of citizens in the cyber space. However, the extent of the cyber space requires that a series of general legal principles and rules governs all the relationships in this space. In the present research, using library sources and descriptive and analytical research methods, it is the answer to the issue of ruling legal principles and rules on citizenship rights in the cyber space. the principle of "prohibition of detriment" can be regarded as the ruling principle in the relations between citizens and other members of the society in the cyber space; this principle prevents any detriment to the rights of citizens in the cyber space, and guarantees the harmed person. In terms of the legal rules governing the relationship between the government and citizens in the cyber space, the principle of innocence in the field of substantive matters and the principle of fair trial in the field of formal matters against the powers and means of exercising power by the government guarantee the protection of the rights of citizens in the cyber space. The principle of innocence makes cyber citizens immune from being guilty without any basis and the principle of fair trial also prevents the violation or limitation of citizen's rights in the cyber space under the pretext of ensuring security in this space.

Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is inevitable. On the one hand, entertaining children due to their strong interest in computer games, and on the other hand, the wide range of such games with large investments to develop computer games in the age group of children In addition to the unhealthy and harmful effects on this vulnerable group has raised many concerns for thinkers. In this study, the criminal policies of the Iranian legal system regarding the violation of children's rights in the context of computer games compared with international documents and from a critical point of view has been evaluated and by perusing the strengths and weaknesses of related laws, the need for comprehensive rules to protect the rights of the child against harming of computer games has been emphasized by formulating an effective differential criminal policy.

The method of discussion in this research is descriptive-analytical and the method of data gathering is library.

In Iran's legal system, a review of the laws related to the current criminal policy regarding the violation of children's rights in the field of creating, publishing and distributing computer games reveals gaps and defects.

By examining the situation of children and their rights against computer games and studying the negative and inappropriate effects of this universal and effective technology on children it is possible to achieve a comprehensive support program containing differential criminal policies against child victimization through the use of computer games. A differential approach to substantive criminal law in the field of child safety in relation to computer games is the role that the legislature can play in protecting children and to prevent the abuse of the rights of this vulnerable group.

The position of jurisprudence in Islamic teachings, since it is considered the rule over the soul, property and breadth of others, it principally belongs to God in essence, which it attributes to the Holy Prophet (PBUH) and the pure Imams (AS) and through these chosen ones, it has been devolved to their appointees. Therefore, special customs and practices have been legislated for judgeship in comparison with other government institutions. Observance of equality among the litigants is an issue that in this descriptive and analytical study based on the judicial thought of Imam Reza (AS) and along with other religious sources, leads to the inference of the principle of equality in judicial affairs. In the view of Imam Reza (AS) following the attribution of the hadith to him: “Make sure that you must act equally between the two opponents, even looking at the two opponents”, a deep meaning of the profession of equality of the judge between the parties to the dispute is needed, which named “the principle of judicial equality”. With the explanation that according to the application of this narration, the judge uses the necessity of establishing equality among the adversaries, the rejection of any kind of behavior, speech and dissenting thought, as well as the evenness and equalization among them. This principle as a profession, can make the equality rule over the material behavior of judges in etiquette-based dimension, and also rule their internal affairs in the moral dimension of this profession. The principle, the flow of which ensures the integrity of the litigation process, and its comprehensiveness includes various legal principles and rules based on the impartiality of the judge.

The prosecutor in the Iranian legal system is responsible for the mission of the judiciary to "revive public rights" in accordance with the second paragraph of Article (151) of the Constitution of the Islamic Republic of Iran. This duty of the prosecutor includes actions that preventing the aggravation of the harmful effects caused by the violation of public rights and provide the ground for its restoration. In the present study, with an analytical approach and through the study of legal documents and resources, while examining the efficiency of the prosecutor actions in performing this important task seeks to answer the question of what is the nature of the prosecutor's public rights actions and function of protesting to it. it seems that such actions of the prosecutor have an orderly nature that can be reversed only by the issuing judicial authority. Also, the hierarchical supervision of the Attorney General and the prosecutors of the cities of the center of the province on the manner of conducting the public rights of the relevant prosecutor has only the aspect of administrative supervision and is considered as a guarantee of compliance with the principles of public justice in this regard. However, it is appropriate to develop a more coordinated and comprehensive system for the protection of public rights, in which the manner of protesting to the actions of the public rights of the prosecutor is also provided.