Legal Regulation On Tort Under Network Real-name System

In the nowadays society, it has been a most significant symbol that the internetdevelops rapid and was popularized widespread. Network provides a new space forpeople’s life, work and study. People have been inseparable from the network in dailylife. Due to the flood of the improper and irrational speech and behavior to others onnetwork in its development, network real-name system was put forward and widelyused in various domains. Network real-name system will advance network into a newdeveloping stage, but defective legislation system seems to be lack of power facing tonetwork real-name system as a new thing, so some negative factors have appeared inthe implementation of network real-name system, resulting of it, information ofnetwork real-name users has been leaked, theft, unauthorized use and spam advertising,fraud, slander, blackmail on the network extremely overran. If the national legislaturedoesn’t regulate on it in a timely manner, it is inevitable that the healthy developmentof network and the real-name system would be affected.Internet real-name system is one of the legal ways to prevent and control tort onnetwork. We should treat the internet real-name system seriously, further study andrealize social function and legal significance of network real-name system. In themodern society based on the rule of law, rule of law is the basic path, mechanism andway to control the behavior on the network and protect human rights. Controlling andregulating the infringement behaviors on network should be by the legal way andbased on the law. The reality should be based on that the construction of a countryunder the rule of law and the protection of human rights in modern China when weimprove and perfect human rights, democracy, rationalization and institutionalizationof legal system to control network, form and develop legitimate, effective, feasiblenetwork legal control mechanism and measures, fully promote the development andperfection of network real-name system and actively promote and support applicationof network real-name system to regulate all kinds of tort on network effectively so as to further protect the citizen’s network rights, promote and maintain the freedom, rightsand interests of citizens and realize social fairness and justice.The text contains four parts. The first one as an overview of the real-name systemmakes up of its concept and characteristics, factual basis and legal basis it baked on,analysis on its advantages and disadvantages. The first content which contains conceptand characteristics of network real-name system is to make network real-name systemclearly understood, it mainly introduces the concept, developing process andcharacteristics of network real-name system. The second content is factual basis thatnetwork real-name system baked on to indicate that the existence of network real-namesystem has realistic foundation. The third content is legal basis of the existence ofnetwork real-name system, including the rights and obligations of the requirements ofequivalence, the addition that the coercive power of legal norm to the limitations ofethics, the balance and coordination of the interests of all parties needs the authority ofthe law and laws grantees and securities rights. It expounds rationality of networkreal-name system existence from the legal aspects. The fourth content is the analysison advantages and disadvantages of network real-name system. It analyses networkreal-name system from its pros and cons to make the network real-name clearer.The second part mainly introduces the related content of the infringement undernetwork real-name system; it includes concept, type, nature and the harmfulness of tortunder network real-name system. Starting from the concept and types, this paperanalysis nature of the tort and its harmfulness to society.The third part mainly introduces related legal theory of legal regulation on tortunder network real-name system which includes two basic content that the basic ideasand principles of the legal regulation. Basic ideas mainly include protecting rights,restricting power, balancing interest, fairness and justice; Basic principles contain twotypes: first, the general principle, primary in this type is monocracy principle,procedure principles, equality principle; the second is specific principles of legalregulation on tort under network real-name system, it mainly includes substituting, maintaining and promoting the development of network, safeguarding freedom ofwebsite and internet and the convergence of legal system.The fourth part making up of four elements mainly introduces the legalregulations on tort under network real-name system. The first is the introduction of thenecessity of legal regulation. The second one introduces some measures to improve thelegislation, such as defining privacy as basic personality right in civil law, clearingimplementation details of "criminal law" amendment to ensure the operability ofprotecting internet privacy and its imputation, making special legislation to protectcitizens’ privacy and security of personal information, regulating the powers andobligations of network managers to clear network managers liability and makingvirtual property be in the scope of legal protection. The third is measures of lawenforcement and judicature: strengthening the inspection and supervision ofadministrative legal system to ensure that the operation of network real-name system,establishing employment permit system of the administrators on the website backstage,improving network technology to enhance training of the overall quality of the policenetwork, clearing the jurisdiction of the Court to make maintenance rights practicable,strengthening and speeding up training and improving monocracy consciousness oflaw-executors. The fourth is to introduce other measures: strengthening governmentsupervision, setting up an independent self-regulation in the industry and managementnorms of personnel management in the industry, strengthening moral propaganda onthe network and establishing a credit system, strengthening legal education, andenhancing people’s awareness of the rule of law.