Proportionality Analysis Of The Network Real-name System

The network real-name system complies with the requirements of the principle of proportionality, which is the core opinion of this paper. First, this paper analyzes the nature, policy background, and development status of the network real-name system. Then under the consideration of the suitability principle, necessity principle, and the principle of proportionality in narrow sense, this paper conducts intensive analysis on whether the network real-name system complies with the principle of proportionality.On the problem solving of the network real-name system, the main purpose for the government to implement the network real-name system is to suppress network uncivilized phenomenon and strengthen network public supervision. In the legal sense, the network real-name system complies with the suitability principle, as a fundamental method to solve network safety. From the view of predictable achieved effects, the network real-name system is definitely the most effective measure. Compared with many other substitutes, under the premise of the same purpose, the network real-name system causes least violation to the fundamental rights of citizens. In this way, the network real-name system is consistent with the necessity principle. Despite the limitation to freedom of expression and the violation citizens’s privacy, which are the side effects caused by the system, the system itself is created for maintenance of network safety and public order. Whether the cost is greater than the value is not simple to say. In this sense, the network real-name system is not contradicted to the principle of proportionality in narrow sense.Last but not least, this paper proposes the following expectations and suggestions to the development of the network real-name system:first of all, strengthen the protection of personal information based on technical support; then develop related laws and regulations step by step; and improve the citizens’awareness of personal information protection and establish social credit system.