Game Of The Law Of The Value Of Freedom And Order

It is a period of rapid expansion of the Internet real-name system in recent years, theimplementation of real-name system in each area, are inevitably caused netizens concerns forindividual rights. Network real name system means to surrender personal identity andinformation, behind the identity and information is the freedom of expression, privacy andother civil rights and freedoms. South Korea is the first country of the world to implementthe Network real name system, had announced abolition of the policy as to force the pressureafter a period of time. The experience and lessons worth our reflection, and also provides areference for other countries in the implementation of the Network real name system.Network anonymity greatly expands the space of people’s freedom, but also broughtchaos and disorder problems, network real-name system aims to standardize the order of thenetwork society. To some extent, netizens debate about network anonymous or network realname, its core and essence is dispute of the value of the law between freedom and order. Inthe value system of the law, freedom and order, as well as the relationship between them isnot only an ancient problem，but also an issue that Chinese and foreign law experts continueto explore and study. From the ancient Greek times to today’s Internet era, countless Seniorand scholars ponder and discourse the problem of freedom and order. The law is the MagnaCarta of the freedom of the people, the purpose of law-making is to guarantee citizens’freedom. At the same time, the legal rules as external force of conduct, is a symbol of orderitself.Especially in the context of Network real name system currently, the issue of therelationship between freedom and order that can best reflect the inner spirit and essentialcharacteristics of the rule of law in China. How to Reasonably coordinated the contradictionof the value of freedom and order，scientific understanding of the dialectical relationshipbetween them and establish the value orientation of the rule of law contemporary, is thelogical starting point of China’s legal theory, and the value base of the rule of law in practiceduring the social transformation. The author believes that the network real-name systemshould be implemented only in the essential areas and can not be arbitrarily expanded thatcan ensure the safety of the individual’s right of freedom of expression and privacy. FromChina’s traditional and national conditions, or the practical experience of the other countries in the world, all told us that emphasis on freedom is more important than the stressed order.