Can a person register a CN domain name?

Someone asked: "Can individuals register the CN domain name?" "On this issue, I want to explain to you." In fact, this is the old problem, as early as many years ago, the academic community has had a discussion on this topic. And from China's current domain name management legal provisions, "personal registered CN domain Name" is at least not prohibited. China's CN domain name registration provisions, mainly related to two legal documents. One is by the national Domain name Management Agency MII, December 20, 2004, the implementation of the "China Internet domain name Management measures" (referred to as "method"). The other is the China Internet Network Information Center (hereinafter referred to as "CNNIC") of the Domain name registration Authority, and the implementation rules of the China Internet Network Information Center (hereinafter referred to as "rules") since December 1, 2002.

In the "method" on the domain name registration, the use of the issue of the term "any organization or individual registration and use of the domain name." According to this rule, the "method" does not prohibit the individual to register the CN domain name. However, in the rules on the domain name registration requirement is, "Domain name registration applicant (hereinafter referred to as the applicant) should be registered in accordance with the law and can independently bear civil liability organizations." "From this rule, the individual registered CN domain name appears to be prohibited."

However, we can find the conclusion by putting together two documents: first, the legal effect and legal level of the approach is higher than the rules. When the rules and measures conflict, in accordance with the principle of "lower law and upper law conflict is invalid" principles, the rules of the relevant provisions are invalid. Secondly, in accordance with the principle of "the new law is superior to the old Act", the 2004 approach clearly takes precedence over the 2002 rules.

The provisions of the 2004 approach are therefore given priority over the implementation of the 2002 rules. We simply comb the legal context can come to the conclusion: the individual registered CN domain name is not prohibited, in accordance with the "law does not prohibit that is allowed" principle, we can say that in China, the individual is entitled to register the CN domain name. For those based on the rules of the provisions of the "prohibit the personal registration of CN domain Name" conclusion, belongs to the domain name management in China's legal "misreading."

Extracts the relevant legal provisions as follows: "China Internet domain name management measures": "27th any organization or individual registration and use of the domain name, shall not contain the following:

(i) opposing the basic principles established by the Constitution;

(ii) Endangering national security, disclosing state secrets, subverting state power and undermining national unity;

(iii) Damage to the honour and interests of the State;

(iv) Incitement to ethnic hatred, ethnic discrimination and the destruction of national unity;

(v) Undermining the state's religious policies and advocating cults and feudal superstition;

(vi) Spreading rumours, disturbing social order and undermining social stability;

(vii) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime.

(eight) insulting or slandering others and infringing upon the lawful rights and interests of others;

(ix) containing other content prohibited by laws or administrative regulations. "The China Internet Network Information Center rules of implementation of domain name registration:" The fourth domain name registration applicant should be registered in accordance with the law and can bear the civil liability of the organization independently. ”

Registered CN domain name you need to understand the new policy: The new regulations, "any natural person or can be independent of the civil liability of the Organization can be in these rules under the top-level domain name application for registration." "This clause expressly allows for registration of individuals. CN domain name. The general trend and the aspiration. In addition, what changes will affect the future domain registrant?

1, the application needs to submit identity documents.
(i) The identity documents of the applicant;
(ii) The identity documents of the contact person of the domain name registrant;
(c) Other materials requested by China Internet Network Information Center. ”

2, the transfer of domain names need to submit the transfer of identity documents.
When the original domain name is transferred, only the domain name transfer application form and the identity certificate material of the domain name transferring party are required. Now, the assignment of domain name must provide the identity documents of both parties. This corresponds to the identity documents submitted to the applicant in the domain name application. The new regulation 25th stipulates that "The application for the transfer of domain names shall be submitted to the domain name registration service organization of the legal and effective domain name transfer application form, the transfer of identity documents." ”
To sum up, the individual can register CN domain name, said that prohibit individual registered CN domain name is obviously to our domain name Management domain Law "misreading" caused.
Can individual register CN domain Name: Http://www.iisp.com/ztview/ID_13203.html?s=requiem