Research On Administrative Regulation Of Online Game Operation In China

Online game operation creates wealth myth,drives cultural communication and promotes industrial development,but it also leads to social problems such as Internet addiction,cultural implantation and information leakage.Therefore,administrative regulation of online game operation is imperative.Firstly,this paper takes the administrative regulation of online game operation as the research object,vertically combs the laws and administrative normative documents related to the administrative regulation of online game operation in recent 30 years,horizontally discusses the relationship between administrative regulation and the protection of basic rights and interests such as freedom,privacy and virtual property protection,the balance of legal value such as regulation and development,and the relationship between administrative regulation and the development of game industry,Consolidate the precondition of research.Then,taking the goal,subject and content of administrative regulation of online games as the main line,this paper comprehensively analyzes the diversified development of the current administrative regulation goal of online games,and seeks for norms between order and development.Regulation practice still focuses on public interests and order norms,but increasingly attaches importance to rights protection and industrial development;In the course of the development from decentralized administrative regulation to joint administrative regulation,the consciousness of division of labor and cooperation among various administrative departments is gradually strengthened,and the trend of hierarchical and classified regulation is gradually taking shape;The scope of regulation content is expanded,gradually covering online game developers,operators,consumers,virtual property,specific operations and other fields.This paper analyzes the development process of the administrative regulation system of online game operation in order to face up to the difficulties it faces.As far as the regulatory objectives are concerned,the one-dimensional thinking of focusing on norms is more important than development and restrictions than protection,which violates the people-oriented core value concept and leads to the imbalance and dislocation of many legal values such as order,efficiency,freedom and development;In terms of the disorder of regulatory subjects,there are a large number of administrative functional departments,overlapping functions,lack of integration advantages,and they act in their own way.The development of regulatory third-party forces is unbalanced,the guarantee is not perfect,the guidance is not clear,and the mechanism is not perfect;As far as the imbalance of regulatory behavior is concerned,the administrative functional departments pay too much attention to the implementation of rigid administrative punishment,licensing and other behaviors,but ignore the flexible administrative guidance,and the regulatory means are poorly coordinated and lack of effective afterwards relief channels;As far as the imbalance of regulation system is concerned,different systems have different regulations on the regulated objects,different law enforcement activities have different emphasis on the regulated objects,and they are out of balance with the protection of legitimate rights and interests.The specific regulation systems involved in the classification regulation of online games and real name authentication need to be improved.The dilemma of the administrative regulation of online games makes the targeted solutions become very urgent.The goal of administrative regulation of online game operation needs to be gradually clear,taking into account the value of order,efficiency,freedom,fairness and diversity,while paying more attention to promoting the healthy operation of online games;Operators need hierarchical and classified regulation,which should be carried out in time according to the participants of online game developers,operators,consumers and the regulation stages before,during and after the event;The main body of administrative regulation needs to gradually improve itself,make it clear in time that the Internet Information Department is the main body of regulation,cultural tourism,market supervision and other departments participate in the cooperation,and gradually improve the main body of regulation through the allocation of administrative authority,the basic mode of power control and the way of administrative control;The regulatory system needs to be sorted out,the regulatory legal system needs to be improved and the corresponding legal creation level and effectiveness need to be improved,the administrative normative document system needs to be straightened out and the conflict coordination mechanism needs to be improved,the supporting system needs to be improved and its standardized management needs to be promoted;On this basis,we should pay attention to the protection of legitimate rights and interests such as freedom,privacy and virtual property protection,give full play to the regulatory power of the third party such as industry organizations,and gradually realize the transformation from administrative regulation to cooperative regulation.Finally,based on the specific supporting system standardization and the legalization of administrative normative documents,this paper combs the institutional delivery path of supporting system standardization and the legalization of administrative normative documents through the clear goal of legalization,the clear standard of legalization and the shaping of the closed-loop path of the rule of law,Efforts should be made to realize the legalization of administrative normative documents in the practice of administrative regulation of online game operation,so as to promote the healthy operation of online games.