Microblogging Real-name System Of Administrative Law Analysis

Weibo(Micro Blog), is a new web-based, social media application. Because of its characteristics such as low barrier to enter., good capacity to communicate, it becomes a new carrier for expression which goes down well with public in Information Age. It not only expands citizen’s right to know and discourse space, but also has extraordinary value on intensifying the supervision of network public opinion for Chinese society in the midst of transformation. However, with frequent popularization its boundedness becomes more and more prominent: fictitious news, verbal violence, infringement, even community public opinion are out of control, all of these necessitate rational supervision of weibo.Real-name weibo registration is a method for government to do network supervising and managing. It means users must use real ID to register a weibo account, that is to say, the management system demands a real-name in background, but of one’s free will on foreground. Its legislative intent is to offer convinence for the lawman to enforce the law, and promote netizens to enhance self-discipline and comments reasonably, so that a harmonious network cultural enviroment can be cultivated. However there are controversies came out since the real-name weibo registration came out. The bones of contention are if it is legal and if it limits citizen’s free expression and privacy rights excessively. Because it is one part of the administrative action of government essentially, it involves modulation and competition between public right and private right; so it is necessary for us to analyze and evaluate the legitimacy and constitutionalist on the standard level.Based on the theoretical and comparative analysis, the author firstly expounds the legal attribute and the legal requirements of the Real-name weibo registration which was created by government. Secondly, the author considers and discusses the legality of Real-name weibo registration in three aspects, which are regulatory authority, higher-level law and formulation procedure. Then the author points out the disadvantages of this document, such as its unclear subject, its content and applicable targets failing to meet the higher-level law, and lack of strict procedural regulation and sufficiency of democratic participation, to name a few. Thirdly, the author evaluates if the Real-name weibo registration is constitutional or not based on the basic rights limit theory. Because Real-name weibo registration limits citizen’s freely expression to some degrees, it may bring the negative influence on right of privacy. If it is introduced as normative documents, that which will be contrary to the principle of legal reservation. But whether the Real-name weibo registration is in conformity with the proportionality principle or not needs valuation and systemic argumentation, Because of the complexity of social development and requirement of cultural construction in our country, its legitimacy depends on system design which is more and more democratic and nonnative. Lastly, this paper emphasizes the problems if the Real-name weibo registration existence is constitutionality or legality. Combining with the situation of legal environment in our country, and taking examples from foreign experience, the author put forwards some concrete suggestions on the aspects of Real-name weibo registration developing and perfecting, such as sort out of the legislation and perfection of the procedure.