Document Type : Original Article

Authors

• mahdi moghaddasi ¹
• ehsan moradzadeh ^{2 ¶}

¹ Faculty of Law Department of Imam Hossein University, Tehran, I.R.Iran

² Lecturer and researcher of the Law Department of Imam Hossein University, Tehran, I.R.Iran

Abstract

Cyberspace has penetrated the individual and social levels of human life, and the issue of regulation is one of the most important issues in this area. On the other hand, despite the acceptance of social freedoms in legal systems, we are witnessing the restriction of these freedoms, especially in cyberspace. In this research, in response to the main question of whether the restriction of legitimate freedoms in cyberspace has been identified in Iranian and Chinese law and what documentation does it have? It can be said that according to various principles such as: Principles 9 and 20 of the Iranian Constitution and Principles 40, 35 and 37 of the Chinese Constitution, the principle is based on individual freedom; but it is not absolute; rather, with restrictions such as: "the need to observe fundamental standards", "not to disrupt the foundations of government, public order and rights" and "not to harm others" referring to principles such as Principles 4, 24 and 25 of the Iranian Constitution and Principles 4, 28, 36 and 38 of the Chinese Constitution, the regulation of social freedoms can be understood, and this limitation can also be generalized in cyberspace. To prove this hypothesis, this article uses a descriptive-analytical method.

Keywords

• Legitimate Freedoms
• Cyberspace
• Regulation
• Legal System
• Iran
• China