Jurisprudential Analysis Of The Network Real-name System

The internet, posing unprecedented a challenge to all human's expression forms that ever existed, not only has deeply changed human's production and life-style, but also deeply changed the organizational framework and power structure in all societies and people's notion of free expression as well. To some extent, the internet has realized the transnational freedom of expression. Internet Political expression has been causing the right of free political expression to shift from governments and elites toward the common people, changing the position and authority that the owners of traditional media once enjoyed, which in turn has posed a challenge to the traditional theory of Political expression and the legal regulation on free Political expression as well.Since the emergence of the network, anonymity is the basic attribute of network expression. Anonymity, essentially a counter-action to the current social order and rules, has posed some a challenge and aversion to power control, whose ultimate aim is to express non-mainstream political suggestion and oppositions substantially different from the existing order and system. Internet Political expression has provided substantial and technological conditions for citizens to exercise their right of free political expression in an anonymous way, which not only artificially cuts off the direct relation between netizens' behaviors and responsibility, but also causes in some degree netizens to break-though the political, economic, cultural and moral restriction prevalent in the real society. As a result, citizens can express their own opinions and viewpoints in a fuller and freer way on one hand, and some side-effects, on the other hand, have been fostered in the network society such as the outflow of morals, the decrease of responsibility and rise of encroaching behaviors.Thus, the network real name system came into being. Compared with the Korean, American, Japanese and European countries for the real name of the network and the application of the law, the author lists the process, content and implementation of the real name system. As can be seen, our network real name system is limited real name system, abandon extreme full name system and completely anonymous system, the characteristics of the network itself also determines the network expression freedom and limitation of all need to be balanced. Based on the reasons mentioned above, the dissertation holds, internet real-name system should be enforced limitedly.In view of the problems that may be encountered in theimplementation of the network real name system, this paper explores from three aspects. The first is to explore the relationship between the network real name system and the citizen's freedom of expression. The implementation of real name system is completely denied citizens freedom of expression. The two is the implementation of the real name system how to protect the privacy of citizens, how to define the essence of contradiction between the right of network privacy infringement and network real name system and the right of privacy. The three is whether the network real name system will restrict the citizen right of supervision, thus impeding the progress of the rule of law public opinion.This paper attempts to, from the legal point of view, to explore in our future legislation and judicial practice of expression in the Internet free of regulation, and the implementation of the necessity and the practical significance of the Internet real name system, finally, to carry out network real name to make some suggestions.