法的自由价值与秩序价值的博弈——基于网络实名制存废的思考法律专业论文.docx

Abstract It is a period of rapid expansion of the Internet real-name system in recent years , the implementation of real-name system in each area, are inevitably caused netizens concerns for individual rights. Network real name system means to surrender personal identity and information, behind the identity and information is the freedom of expression, privacy and other civil rights and freedoms. South Korea is the first country of the world to implement the Network real name system , had announced abolition of the policy as to force the pressure after a period of time. The experience and lessons worth our reflection, and also provides a reference for other countries in the implementation of the Network real name system. Network anonymity greatly expands the space of peoples freedom, but also brought chaos and disorder problems, network real-name system aims to standardize the order of the network society. To some extent, netizens debate about network anonymous or network real name, its core and essence is dispute of the value of the law between freedom and order. In the value system of the law, freedom and order, as well as the relationship between them is not only an ancient problem，but also an issue that Chinese and foreign law experts continue to explore and study. From the ancient Greek times to todays Internet era, countless Senior and scholars ponder and discourse the problem of freedom and order. The law is the Magna Carta of the freedom of the people, the purpose of law-making is to guarantee citizens freedom. At the same time, the legal rules as external force of conduct, is a symbol of order itself. Especially in the context of Network real name system currently , the issue of the relationship between freedom and order that can best reflect the inner spirit and essential characteristics of the rule of law in China. How to Reasonably coordinated the contradiction of the value of freedom and order，scientific understanding of the dialectical relationship be