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The conflict between network real-name system and civil rights

2019-07-16 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- The conflict between network real-name system and civil rights,供大家参考学习,这篇论文讨论了网络实名制与公民权利的冲突。网络实名制追求的是一种秩序化的网络管理,从一定程度上来说,网络社会构成了当今时代的一个社会空间,在这个社会空间之中,每一个网络的参与人都是社会空间或者网络空间的构建者,基于当前网络社会的无序化发展,只有以网络实名制的方式实现秩序化的网络管理和网络治理。网络实名制会对人的言论自由产生一定的影响。在网络实名制的网络空间之中,每一个人都可能对自己的言论保持一定的克制,而正是因为每一个人都对自己的言论保持克制的同时,基于言论自由本身的特点,在实名制之下,每一个人的说话权和每一个人的言论自由权都会受到一定的影响。

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Network real-name system pursue is the network management, a kind of from a certain extent, the network society has constituted a social space, in today's world in the social space, every participants with a network is a social space or the construction of network space, based on the current network disordering development of the society, only by way of network real-name system bringing network management and network governance, which is both the requirement of the social governance, it is inevitable embodiment of the rule of law society.

The disorderly development of network society will lead to a variety of incidents that harm people's rights. In terms of value pursuit, the real-name system is to avoid the impact of disordered development on the construction of network society. The form of real-name system can ensure that people can exist in the cyberspace in a real state, and realize the real-name system of network social governance, so that people can show a rational action to deal with social events with their real identity. Disorderly development will inevitably lead to disorderly order, which will make the network society without rules, make the construction of the network society more difficult, and fail to reflect the value goal pursued by the network society. Allowing the disorderly development of the network society will not only bring about the end of the network society, but also do not meet the specific requirements of the network society. In this sense, the real-name system is to develop the network society in an orderly way and realize the sustainable development of the network society from this perspective. From a deep level, the form of real-name system is to ensure the disordered world in the development process of network society, so that the development of network society can be carried out within the scope of rules and achieve the scientific development of network society.

The network real name system is also an important dimension of the construction of contemporary countries under the rule of law. The network society and the real society constitute a kind of dual communication space in the real world, and the network space is also a kind of communication space. From a certain extent, the cyberspace legal regulation should be true based on the network itself, the system to a great extent, is based on the consideration of network virtual property, must give the network virtual property certain institutional space, like this only then can real security people can range still abide by the law in cyberspace. Of rule of law society which is based on each one's rights should be respected, everyone's activity space must be subject to the regulation of law, from the logical sense, in the process of the construction of the legal society and the country under the rule of law, the requirement of network real-name system will highlight the range of network space each and every one's position, which is both legal rules, and the regulation of ethical sense, only to let every one of us the system before it can be in the range of network space, do not cause continued implementation of the network society, network society under the rule of law governance, It is conducive to people's understanding of the network society and more conducive to people's realization of their rights within the scope of the network and continuous relief of their rights. Cyberspace and real space together constitute the activity space of people. These activity Spaces need to be constructed by people with certain legal awareness and legal rules, so as to truly realize the goal of rule of law.

In order to resolve the network virtual space, the network virtual space is determined by the characteristics of the network itself, from a certain extent the network virtual space makes the whole network the development of the society was in a kind of can't be true for the state of human being are clear, the network virtual space makes each individual within the space of a no actual simulation for social activities. Each person in cyberspace does not know the real identity of the other, and his or her own real identity is preserved and concealed, which is determined by the virtuality of cyberspace. Based on the virtual cyberspace, everyone's privacy got maximum protection, but also it is this virtual sex, make network space is closed, the network real-name system is, in fact, for the sake of trying to break the network virtual space of the setting, the cyberspace to the real public with an open attitude to man, so to really ensure that each person's identity is under the control of each other's identity. Everyone who participates in the cyberspace is basically a transparent person, a real social subject who conducts activities in cyberspace. In this sense, the network real name system is just a legal condition for the attack of network virtuality. In cyberspace, each person's identity is a secret identity, this kind of hidden identity to a large extent, makes the exchanges and communication between people is in a state of uncertainty, the system is in fact in order to better determine each person, each and every one of the determination of the relationship between state makes every person and every one of us the relationship between, to achieve maximum openness and determine. Like this only then can real security exchanges between people of a kind of interactive information and the information symmetry, which is beneficial to break through the network virtual property, which makes the communication between people is more practical, more reflect the fairness of social development, for the development of the network society, the system is in order to breakthrough, a breakthrough, the network virtual space and breakthrough in the process of its virtual sex, can better realize the development of cyberspace a legalization and bringing.

The Internet real-name system will have some impact on people's freedom of speech. Freedom of speech is a basic human right and also a basic human right stipulated by international human rights law. In the network real-name system in cyberspace, everyone may his remarks with a certain restraint, and it is for everyone to restraint the comments by myself at the same time, based on the characteristics of the freedom of speech itself, under the real-name system, each speaker and each person's speech will be affected by a certain.

This is because under the Internet real-name system, every person should consider various factors when he/she expresses his/her opinions, one is his/her social influence, and the other is whether such remarks violate laws and regulations. Under such a state, every one of us may not be free, each network real-name system in their freedom of speech, was likely to get all aspects of influence and restriction, for network real-name system based on this, the influence of many jurists and legal workers have criticism of network real-name system, it is based on network real-name system, may violate people's right to free speech. In this sense, the network real-name system influence on people's freedom of expression may be subtle, also may not be able to immediately perceptible, network real-name system to fully exercise the right to free speech, will cause certain obstacles, but this kind of block must have certain legal means to resolve, only in this way can ensure the development of the network real-name system can really reflect the rule of law spirit connotation, constantly deepen the cyberspace law governance activities.

The Internet real-name system may also affect people's freedom. Everyone has inherent freedom, which is set based on human nature. Everyone's freedom is in parallel with the freedom of others, and cannot affect the freedom of others. In this sense, the network real-name system is based on people's freedom and set up a space, under the network real-name system, people may after entering the network space will be affected by his real-name system, and can't play their remarks casually, also cannot be free to talk about some problems, these are in fact a restrictions on the freedom of man. In this sense, the Internet real-name system makes it possible for people to carry out the Internet real-name system precisely because their freedom rights may be infringed. In practice, the Internet real-name system is really likely to harm people's freedom rights. Based on considerations of some reason, some people may be in the process of entering the network society, will be considering the factors of one sort or another, especially into the network within a space, can't literally comments, these are largely affect even the infringer of liberty that is typical of in order to realize the management of network space, must put human liberty in the important positions.

Network real-name system could also expand the application space of public power, to some extent of the citizen's basic rights and public power, is a state of mutual balance between network real-name inappropriate use is likely to make the expansion of public power is great, the expansion of the public power is very easy to hurt people's basic elastic, in this sense, the fundamental rights of citizens to be able to run within legal space, and keep the public power of the great degree of restraint, this requires careful thinking and careful to deal with the legal practice of the activities. The improper development of network real name system, even disorderly development, may make the public power to the basic rights of people to a deeper extent. From this sense, the process of in the protection of citizens' basic rights, must pay attention to the expansion of public power to the person's basic rights damage effect, in this sense, in the process of network real-name system development, the public power's influence on citizens' basic rights cannot be ignored, but what is really attaches great importance to the public power to the person's basic rights and guarantee for the protection function, can highlight some substantive contents of public power, disadvantages brought by the network real-name system, clearly may make public power gradually infiltrated the citizens' basic rights, The harm to the basic rights of citizens may be substantial or permanent. In the process of guaranteeing the basic rights of citizens, any country and society under the rule of law have exercised restraint and prudent attitude towards the exercise of public power.

Network real-name system must be based on the protection of the citizen's right to free speech, under the network real-name system, to realize the network real-name system is set, it is because of a protection of free speech, it is because in the virtual cyberspace, each person's speech is not subject to any restrictions, everyone even if the hurt someone's comments or hurt with the privacy of others, these behaviors to a great extent, can cause damage to people's basic rights, uncontrolled freedom of speech and freedom of speech is not in the scope of the law, is a form of human rights abuse.

In this sense, in the range of freedom of speech, the network real-name system must guarantee of free speech as a basic premise, and not because the person is excessive restrictions on free speech to harm the rights of others, a lot of people's privacy on the Internet are violated because speech too expansion, and the expansion of the root cause is that there is no corresponding legal action to stop. In this sense, the network real-name system itself is not a violation of people's right to free speech, to formulate the corresponding technical means, and corresponding legal means to safeguard people's right to free speech, in the sense of freedom only has the significance of aging, and only in such a sense of freedom, can real guarantee people's freedom of speech, and can be real dimensions reflects people's freedom of speech. The rapid development of the network real name system itself is to protect people's freedom of speech and limit people's freedom of speech within the space of rule of law, which is the necessary premise for us to understand the network real name system, and also an important dimension for us to truly realize the network real name system.

In the process of implementing the network real-name system, corresponding supporting measures should be formulated to guarantee the privacy right of every person with network real-name system. Only in the real legal space to protect the privacy right of people, can make the construction of a legal society possible. In this sense, in the process of network real-name system, should be a set of necessary legal measures, make this a set of network measures, can truly safeguard people's privacy, so as to realize the rule of law society in more degree and the construction goal of China's rule of law, the process of development in cyberspace, to safeguard people's right to privacy, it is necessary to truly embody the people for the network space is a kind of legal control, within the maintenance of legal protection of privacy, Only in this way can make people right of privacy protection can truly realize the legalization and realize legalization of cyberspace is a virtual space, in this virtual space, each person's right of privacy is likely to be affected, especially when people between privacy can't be guaranteed, the network real-name system has lost its meaning.

The development of network real-name system, must be toward the realization of the real power of restraint, which requires the network real-name system in the regulation of form a complete set of supporting measures and means in the process, must be a real consideration network real-name system performs in the process of construction of power restraint not to let the public power of the fundamental rights of the infringer, the guarantee of basic human rights in largely depends on the approaches to the restraint of power, this is the rule of law is not two goals. In this sense, in the process of network real-name system development, must be the real focus on approaches to the restraint of power, for some supporting measures and the necessary means and the use of form a complete set of rules, all must be real in a restraint of public power under the network real-name system as the basic starting point and the foothold, such ability can truly standardize the activities of the network real-name system. To implement network real-name system in the development process of the various dimensions of legal system, on the basis of the meaning of this can actually guarantee the rapid development of the network real-name system, can realize the ordering of the development of the network to a great extent, contrary to the restraint of power, in fact is the citizen basic right safeguard, this is the network real-name system must consider the dimension of rule of law, and network real-name system must be carried out by a kind of attitude.

In the process of construction of the rule of law society, the network real-name system must be based on the meaning of the spirit of the rule and the rule of law, on the basis of network real-name system, can the real boon for people, also is the only way to truly achieve the legalization of network real-name system, and network space governance under the rule of law, this is the network real-name system brought about by the rule of law.

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