Legal Regulation Of The Real-name Register System

With the continuous expansion of social life field,the communication action break though blood relationship,geography relationship and trade relationship,which adds many obstacles to the establishment of credit system.Therefore,the emergence of real-name register system provides a standard to associate smoothly.In terms of network management,financial life and social security,the real-name register system has its own manifestations in the field.On the one hand,it is the efforts of real-name register system to regulate the disorder of social credit.On the other hand,it also highlights that there is no unified regulation standard for the real-name register system.The real-name register as the social behavior,it has three characters,the multilevel subject,the fraternal of the certification behavior and the limitation of the certification information,which also show the complex attributes of real-name register and increase difficulties of legal regulation.The real-name register system as a precondition of social credit system construction,it can reduce transaction costs and increase market vitality.And all sorts of bad habits in social life also make the construction of real-name register system has its actual meaning.On the theoretical level,utilitarianism perspective reminds us that the fragmentation of existing legal regulations and the mobility of information make the real-name register system need a unified legal regulation,while criterion utilitarianism finds its special position in the framework of utilitarianism for faith.In addition,in the theory of risk prevention and control,the construction of legal rules and regulations can provide rational judgment for the trusted party and the credit grantor of real-name register system to reduce risks and prevent adverse consequences in advance.Whether in response to a serious information divulge caused by an emergency,or pointing at the disadvantageous situation that the general enhanced risk of certification behavior in a certain field.The legal regulation has its significance and can make the different risk manage under the different cases.Finally,under the principle of information absence and limited rationality,information absence leads to the asymmetry of information reception,which needs to master the best information and balances the decision-making errors caused by insufficient information.In the principle of limited rationality,the rational ability is not omnipotent,insufficient subjective ability of human beings is bound to affect the objective rationality of their decision-making,thus resulting in dishonest behavior and highlighting the necessity of legal regulation.China tends to be more vigorous in administrative and judicial regulation.The government plays an important role in social governance.Firstly,the construction of real-name register system can promote the credibility of the law government and prevent a similar occurrence of the "real-name mask" incident in Kunming,Yunnan province.As the same time,the government can make social governance more stable by containment the expansion of power.Secondly,the fragmented departmentalization and the low level of the real-name register system in China,this existing legal rules and regulations also make the construction system complete and the unified and standardized regulation system put on the agenda.Thirdly,with the loss of the tradition opinion of good faith in the market economy,it is particularly urgent to construct credit legal.The honesty and kindness in the small circles of life and work and unconscionable in the strange social scenes.The divisive social mentality only aggravate the distrust between people.But the stable information exchange needs the systematic credit legal construction.Finally,the prevention and control financial risks by real-name register system can avoid the "antinomy" in business.It controls the internet information collection and can also allow information flow within a reasonable and legal range.Moreover,the enforcement of the General Data Protection Regulation also provides a new idea for the prevention and control internet financial risks.In the specific legal regulation construction,it is necessary to distinguish the information that should not be disclosed or can be disclosed.In the regulation on information that should not be disclosed,it should consider the protection of personal information rights of citizens in the constitution.America and Germany have constitutional cases for personal information rights.Both of them place the protection of personal information in the important position of legal regulations with the attitude of prudent judgment.Secondly,the principle of proportionality in administrative law need a balance of measures and purposes.Real-name register system as a means to achieve the social running goal about social integrity system.It must attach importance to individual rights and make the best use of the power of government which on the basis of the least limitation of individual rights.In terms of regulations on information that can be disclosed,like specific regulations are demanded for real-name register system in different fields.In the financial field,we should restrict the gather information and effective security between state organs and private communication.In the field of public security prevention and control,it is necessary to regulate the information communication processes between other departments and manage the data encryption.The development of real-name register system is accompanied by the social credit system.Despite the legal regulations is not perfect,but the case analysis,value analysis,comparative analysis and other methods can provide an exploration path for the construction of real-name register system.These methods can empirical analysis for the construction of social credibility system.