The Legislation Choice And Perfection Of Network Real-name System In China

Network real-name system is a kind of service rules and network management that government or enterprises require the user check and use the real identity information when they surf the Internet. Cyberspace is a concept that relative to the physical world, which occurs as the Internet’s function of interpersonal communication and independent of the real world, but basically follows the real world’s rules and logic. With the development and popularization of Internet technology, users lack of sense and the consciousness of legal responsibility, then bring the rumor, slander, fraud, delete posts maliciously, etc. in Internet. This phenomenon have threatened the healthy development of the overall network environment, so there is an urgent need about a system that make more close to cyberspace and the real world.That makes the rationality and necessity of network real-name system. Through the failures of Korean network real-name system, and the experience of the American NSTIC strategy, then we can find there many problems about Chinese network real-name system, such as the low-level of legislature, the shortage of detailed rules and popularizing-law education. China should base on the positive laws and regulations, formulate the right legal system of real-name that suit for the condition and level of Internet technology, then integrate the positive law of the network real-name system so that improve and perfect it.To achieve this goal, we must choose the right way of network real-name system and continue to improve the legal construction with consider the Chinese condition. The paper is divided into two parts to elaborate and achieve this objective: the first part is analyzing of foreign legislation experience, lists the problems of Chinese network real-name system; then put forward the view in the second part,consider that we should build up the legal principle of network real-name system, establish the cautious and scientific legal system, subject, supervision. Through the unified legislation and the leading propulsion by government, the network real-name system could contribute to protect the freedom of speech, maintain the security of personal information, and create a good network environment.