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微博自落户中国后催生了中国自媒体时代的到来,亦带来中国公共生活的巨变,言论自由和公众监督前所未有的开始勃兴。但为解决微博自由同时引发的诸多负面问题,2012年政府经由实名制对微博自由予以强势干预。干预的本质当然是对人们借由微博这个平台所获得的自由进行划线,确定微时代下人们的自由与自由的限度。本文尝试从宪法的角度,从目的正当性、手段适度性、形式合宪性三个方面,对政府的此次干预是否妥适,是否恪守必要限度,进行检验。而本文的写作也旨在促成借由微博实名制对国家和法律作用的限度进行重新思考。
Since its founding in China, microblogging has given birth to China since the media age. It has also brought about a tremendous change in China’s public life. Freedom of expression and public scrutiny have been flourishing since then. However, in order to solve the many negative issues triggered by the free microblogging at the same time, in 2012, the government made a strong intervention in Weibo through freedom of name. Of course, the essence of the intervention is to draw a line for the freedom that people obtain through the Weibo platform and determine the limits of freedom and freedom under the micro-era. This article attempts to examine whether the government’s intervention is appropriate from the constitutional point of view, from the three aspects of the legitimacy of purpose, the moderation of means and the form of constitutionality, whether it abides by the necessary limits. The writing of this article is also intended to facilitate rethinking the limits of the role of state and law through the Weibo real-name system.