Some Thoughts On Legal Issues Of The Real-name System In Network

Internet real-name system will restrict the freedom of the network and the basic rights of citizens. Government activities on monitoring of the Internet real-name are more and more moving towards the climax in China,it will inevitably cause damage to civil rights and not conducive to the development of internet and the real world.The paper trys to describe these legal defects of internet real-name system,review how to protect the rights of internet users and how to relate Cyberspace to the real world from a legal point,analyze the unnecessity and the impossibility of internet Real-name System and discuss its impacts,and try to design the internet norms to protect freedom and basic civil rights in Cyberspace.The paper is divided in four parts.The first part introduces the definition and main contents of the Network Real-name System,and gives the legal situation to this subject in China,analyzes the jurisprudence of NRS. The second part discusses the typical legal issues related on NRS,including the freedom of expression,the privacy right,the network politics,and the network infringement,also discusses some special network problems of the human flesh search,the internet violence,and the internet civil supervision. The third part firstly summarizes some legal experiences and shortages,and then discusses the feasibility of carrying out Internet Real-name System,analyzes about the legal difficulties,elaborates the development process and present situation in our country. The fourth part proposes envisage of legal construction about NRS in China,designs a special "Internet Real-name Protection Law",and in the final section gives some policy recommendations on suspending carrying out the Real-name System in Cyberspace.