Legal Theory Analysis Of Network Real Name System

The network of real name system in our country, has always been in controversial, many people think that network real name system has disadvantage of expression freedom. But it was also noted that the losing of internet is serious,it need to regulate the order of the network,therefore,the network should be real-name system. first of all,the right or wrong of Internet real-name system should be judged by whether there is a demand and whether there is supported by jurisprudence.This paper is a very study to explain and illustrate the basis issue of The network of real name system.With the coming of internet era,the network media becomes a new media carrier. Based on the characteristics of the network, the network speech has many characteristics that the other carriers does not have.The Anonymous、openness and instant interactive features make the role of expression freedom in a democratic network has its own unique positive role.Our democratic system is imperfect, the value of expression freedom is more valuable for our country.The modern network, while providing a wider space for expression freedom on network, making the network speech acts can continue to achieve the degree of freedom is increased, it promote China’s democratic political process greatly.But social networks are often prone to abuse the right of expression freedom, which also makes the network of speech acts tend to be in a state of chaos, its threat to individual rights、judicial independence and national security should not be underestimated. It is because of the presence of online speech drawbacks, the network real name system is the main approach to shortcoming the disadvantage.However, the establishment and operation of the network real name system must also be without prejudice to the freedom of speech as a precondition.Freedom of expression is a constitutional right, the exercise of expression freedom must take care of the duty of care, however, it is worthy to emphasis is that it must be in cautious to restrict the freedom of expression.in consideration of the system of public order and the other valuable system,the restriction on freedom of expression must not violate the boundaries of expression freedom as a precondition. It proposed a variety of academic freedom of expression on the boundary theory, in which the European Court of Human Rights to restrict the freedom of speech should have three conditions in jurisprudence:1.In law;2.for a legitimate purpose;3.it is necessary for a democratic society.this theory is spread widely in international academic circles.For the value of order, the value of legitimacy of network real name system should be satisfied with the three standard above.