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“网络实名制”的产生源于一定社会现实的需要,有其存在的法理依据,但其自产生伊始即遭到各方批评与抵制,此值得在法学领域内做一番深入的探讨:“网络实名制”涉及宪法与行政法领域诸如言论自由、隐私权保护以及行政权滥用等问题,但两者并非直接的因果关系,并不能由此推彼,走“单程路线”。“网络实名制”问题的解决有待于制度上的建设与法制检查监督制度的加强,以及法治理念的不断提升。
The emergence of “network real-name system ” originates from the need of certain social reality and has its existing jurisprudential basis, but it has been criticized and boycottd by all parties since its birth, which deserves to be explored in the field of jurisprudence in depth: “Network real-name system ” involves such issues as the freedom of expression, the protection of privacy and the abuse of executive power in the fields of constitutional and administrative law. However, the two are not direct causal relations and can not be used to push one another and go “one-way”. The solution to the problem of “network real-name system” needs to be built on the system and the inspection and supervision system of the legal system, as well as the continuous improvement of the concept of the rule of law.