The System Law Studies

In recent years, with the development of economy and civil rights, theReal-name System frequently appears in the people’s attention and causekinds of public opinions. September1,2010, the Real-name System forMobile Phone was implemented in our country, and it also aroused extensiveconcern in the community. There is series of discussions about this measure,the most important are the citizens’ freedom and privacy of correspondence,personal privacy and other legal issues. This measure can usefully preventspam messages, combating fraud and other criminal act and protecting theinterests of telecommunications users, and to create a harmonious society.So it is necessary to have a deeply legal analysis.Lots of countries and regions have implemented the Real-name Systemfor Mobile Phone. Different countries have different motivations about themeasure. Their experiences also gave us lots of revelations. We have ourown purposes and special background. This measure, in our country, has alot of problems, such as lacking of legal basis and other related facilities.Some people think it is not necessary to take this measure and there is nospecific legal documents in the Real-name System for Mobile Phone. So it isillegal, and other related regulations is also needed. Some people think thismeasure will infringe people’s freedom and privacy of correspondence andpersonal privacy. So it is needed to use the basic principle of theadministrative law to analysis the legitimacy of the Real-name System forMobile Phone, and they are the principle of legislative administrative, theprinciple of reasonable administrative and the principle of proceduralfairness. The freedom and privacy of correspondence is set by law. Peoplethink this measure may cause infringement to people’ basic right. It isreasonable but there are many misunderstanding here. Because the authoritytake a measure for government always has both positive and negative impact.So how to measure the value between these rights is very important.In the era of rapid development of information, people pay more attention to the security of personal information. At present, there are a largenumber of telecommunications users have taken part in real nameregistration. In order to effectively protect their information security andattract more users to join in the Real-name System, the relevant departmentsshould speed up the legislative, proceeding with the construction of thesupporting systems. Only having a perfect legal system, then the Real-nameSystem for Mobile Phone will be fully completed.