Legal Construction Of Internet Real-name System

Name represents people's society position, and is protected from the law by the right of name. Anonymity is the one of the contents of the right to use the name. Anonymity is widespread in the physical world and has its special value. Compared to anonymity, real-name is the lawful restriction on the right of the anonymous. Personal savings real-name and Real-name ticket system is typical model of the real-name system in physical word.Cyberspace is special interactive communication environment, which is independent of the physical world, and rely on the physical world at the same time. The basic rule in the cyberspace is the spatial extension of the corresponding rules of physical world, and is the same to the standard logic and the range in the physical space. Due to bit is the basic existence of cyberspace, anonymity is the foundation rule of cyberspace in its early stage of development. With the development and mature of cyberspace, real-name system is an inevitable trend. First and foremost, there must be the integration of existing legal system and the rebuilding.Learn from the successful experience on implementation of real-name system in South Korea, our country should formulate legislation of real-name which is consistent with the condition of our country and the Internet technical level based on the arrangement of existing relevant law and regulations and policy provision. This includes three levels:firstly, Internet real-name system is based on the Constitution; secondly, according to legal principle, Internet real-name system is feasible; thirdly, Internet real-name system should be a top-down integral and orderly legislative system. Meanwhile, the legislation and the implementation of Internet real-name system should be guided by the government, and implemented gradually and carefully.