نشریه تحقیقات حقوق خصوصی و کیفری
سال هجدهم شماره 1 (پیاپی 51، بهار 1401)

In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. It should be acknowledged, however, that in the system of international law and domestic law of Iran there is no independent human right or citizenship entitled the right to access the Internet.

According to Articles 583 and 588 of the Iranian Commercial Code, all commercial companies have legal personality. This legal provision means that the rights and obligations of commercial companies are independent of the natural persons who created them. Therefore, if a commercial company enters into a contract with third parties, under any circumstances, the company will be responsible for fulfilling its obligations and this issue will not have any relationship with shareholders or managers. The main question of this research is that if in some cases the managers abuse the current situation and impose obligations on the company contrary to the law or the articles of association or the approvals of the general assemblies, will they be responsible at the same time and if the answer is positive, the type of responsibility How will it be? Two hypotheses can be considered in this regard: in the first hypothesis, the responsibility of the company is considered absolute and the company itself has full responsibility. In the second hypothesis, the responsibility of the company and its managers is relative, and this relativity is obtained by considering the two rules of piercing the corporate veil of legal personality and the rule of ultra vires. This research seeks to achieve the best hypothesis by invoking the laws and the rule of fairness.

Islam as a divine religion nowadays faces with some charges base on its relation with terrorist attacks. According to these charges, it is claimed that the most of terrorist attacks are done by Muslims and so it would mean that there is a direct connection between Islamic believes and terrorist attacks. In this essay, which has been done analytically using the profile of terrorist groups, we will show that the reality of these kind of groups is different from what is shown. On the other hand, the foundation of the religious believes are in contrast with the violence terrorist attacks. These kinds of attacks always originate from political motives and in the case of religious violence, religious believes are the sole mean to achieve these political goals; either for advancement of the political goals or for providing a base to empower the political power through committing violence on the religious believes.

There are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should be derived from and operationalized by Sharia. Through studying jurisprudential and legal rules, jurisprudents and lawyers identified the concept of good ethics and considered it as a rule to restrict the will of individuals in protecting social expediencies. Although, there are theories for or against if there is some relationship between law and good ethics, but a use of good ethics by a legislator in legislation suggest the fact that ethical dos and don'ts in the sacred Islamic Sharia in social domain can be used as a base for legislation in many legal cases. The present research tried descriptively and analytically to answer this question, “Can Islamic law be extended to include good ethics?” By considering the mentioned cases, the results showed that Imamyeh jurisprudence allows for good ethics considered in Quran and Islamic narrations to be used in making legal acts.

A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence.

Economic crime is one of the new concepts of modern society, which in terms of its threats to the stability and security of societies, traditions and values of democracy, moral values and justice, sustainable development and the rule of law, has become increasingly worrying. A.A. has considered such crimes as a major example of corruption on earth earth, economic crime, civil rights, repression, criminal law. Knowing the specific characteristics of such crimes in terms of the act committed, their contexts, scale, specific characteristics of the perpetrators, as well as their victimology, is a necessary condition for adopting a prudent criminal strategy against them. The criminalization of widespread disruption of the country's economic system is cited as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 2013. The present descriptive-analytical study shows the lack of proportionality between the effects on the legislator's adopted approach and the nature of economic crimes; Despite the professionalism of the perpetrators of economic crimes and their use of complex methods, the approach adopted by the legislature is not capable of criminal deterrence; Consequences such as violations of economic rights and citizenship and criminal repression are also inconsistent with the nature of economic crimes. It seems that a deliberate confrontation with economic crimes, more than anything else, instead of resorting to the most severe criminal repressive tools, requires a differential approach to the investigation, as well as anticipation and application of various criminal, administrative, civil and correctional executions.

In contracts, either party can terminate the contract based on one of the options of civil law. Most of these options can be found in all contracts. In this article, the author seeks to answer the question of whether in e-commerce contracts that are subject to special law, one of the parties can invoke one of the options of civil law to terminate the contracts? In this regard, the works of some available authors were reviewed and they followed the view that civil law options are among the general rules of contracts and can be applied in electronic contracts .Examining and comparing the options of civil code and the article of the electronic commerce law and considering the special features of these contracts and the various powers that the legislator has considered for termination, it seems that in electronic contracts the parties have no right to invoke the options of the civil code, because in the law of electronic commerce, there are cases of termination in a desirable and sufficient way. therefore the types of termination right in these contracts are just the ones mentioned in the electronic commerce law.