On Dilemma And Way-Out Of Network Real-Name System In China

Name serves as the primary symbol to distinguish social subject, and also represents personal interest of citizen. Anonymity and real name is object of citizen’s right of name, in which the right of anonymity and real name plays an important role in their rights of name. The system of real name and anonymity came into being in the process of specifying citizen’s right of use on his or her name. Essentially, such system matters order and freedom and the relation between public law and private law, and will dominate the trend of social development. As a new and unique legal space, Cyberspace found the absence of subject with regard to operating rule of legal system concerning right of name on account of technology and virtual feature, which greatly challenge the investigation of online infringement. On the other hand, the online anonymity baffled the verification of special subject in many aspects. The online space extends the real space, at the same time, the consistence could be found between online subject and real subjects. Therefore, the system of online real name registration will dominate the social development trend. Necessary and applicable are the implementation of the system despite impending many dilemma such as the conflict among online real-name registration, privacy right and freedom of speech, however, along with the establishment of electronic identification card and persistent pursue for the implantation of online real name on different levels, the primary way-out will lies in the fact that the construction of Law on Online Real-name Registration in term of the condition in our country.