individuals in the end can not register CN domain name? This issue, the industry has been arguing endlessly. Recently announced the domain name administration data show that the CN domain name registration amount has been increased to 6 million 150 thousand, many ordinary users registered CN domain name blog, photo albums and personality domain mail, and this application is accompanied by lively public, for personal CN domain name registration concerns are increasing, many unsolved problem to the solution to the moment.
I think about this question, "prohibit individuals registered CN domain name" is a misreading of the existing laws and regulations, individual registrants need not to worry about, can justifiably to defend their rights registration.
registered concerns since 2002 implementation of the "no ground for blame, China CNNIC domain name registration rules" (hereinafter referred to as the "implementation rules") for "domain name registration, the applicant shall be registered according to law and be able to independently assume civil liability in the provisions of article fourth". From this point of view, the individual is not allowed to register within the scope of the CN domain name.
however, this knowledge is known only one, not knowing the other. If you notice by the Ministry of information industry, December 20, 2004, the implementation of the China Internet domain name management approach, many people’s concerns can be resolved. Article twenty-seventh of the administrative measures for the domain name registration content clearly states that any organization or individual registration and use of domain names, shall not contain the following contents". In this article, it is clear that individuals and organizations are placed in the same position, which means that the individual’s right to register.
two conflicting legal documents, how do we determine the competition?
first, in accordance with the law "in the law and law conflict invalid" principle, the "management measures" of the legal effect, legal level is higher than that of China Internet Network Information Center "implementation details", so when the "implementation rules" and "management approach" conflict, "the relevant provisions of the detailed rules for the implementation of" invalid, and should comply with the "management measures". Secondly, in accordance with the principle of the new law is better than the old law, in 2004 the "management approach" is clearly the priority in the implementation of the rules in 2002. The provisions of the Ministry of information industry of 2004 "management measures" prior to the 2002 China Internet Network Information Center of the implementation of the "implementation rules".
therefore, the individual registration of CN domain name to the "management approach" shall prevail, that is, the state does not prohibit individual registration. According to this principle, we can conclude that individuals can register and use C>