Research On Administrative Licensing For Imported Network Game Ruling By Law

"Administrative Licensing Law" is the full expression of the modern administrative law. It is the summary and deepening of China's contemporary administrative law concept. Modern administrative law not only pursues the form of rule by law, emphasizing the status and role of administrative legal norms, but also concerns about the substance of ruling by law, which ensures the legitimacy of administrative legal norms, accords with modern social values, goes with the trends of historical development, and is in line with people's fundamental interests. In other words, the modern administrative law should be the organic unity of "supremacy of law" and "justness of law".Since 2000, with the rapid development of network game in China, it has become a popular internet culture and entertainment activity, enriching people's spiritual and cultural life. There exist some problems in the process of network game development, such as vulgar content, the lack of protection of user rights, minors' addiction to games, etc. The government is gradually strengthening the administration of network game by means of setting entering threshold, content review, operation supervision, etc.Due to the different understanding of the administrative function divisions of network game in the stipulation of "three decide" by Ministry of Culture, SARFT and GAPP, there's great controversy in the administrative licensing of imported network game, which results in the strange phenomenon of the two-sector duplicating administrative licensing. In 2009, due to the changes in the exclusive operator, the world famous network game "World of Warcraft", produced by American company Blizzard Entertainment, would re-apply for administrative license for the imported network game. This led to a nationwide shocking "Warcraft Gate" approval event.In retrospect, the administrative licensing controversy of the imported network game "World of Warcraft" has exposed such problems as conflicts between ministerial regulations and regulatory documents in the administrative licensing system of imported network games, lack of administrative licensing legislation for network game, injustice brought by duplicate administrative licensing, etc. By analyzing controversial issues such as setting additional administrative permits for imported network game, the principle of fairness of administrative licensing, duplicate enactment of administrative licensing, the administrative explanation of administrative licensing, extension of the period of administrative license, administrative penalties of violating administrative license, the author explore the method of administrative licensing for the imported network game ruling by law.To better implement the "Administrative Licensing Law" and carry out the requirement of the State council "Implementation Outline for comprehensively promoting administration according to law", this thesis put forward measures and suggestions on improving the management of imported network game administrative licensing. The prerequisite of administrative licensing standardization is a clear administrative licensing institution. This requires not only an implementing body, but also a complete and effective method to ensure the prosperity and sound development of the market. To unify the management of administrative licensing, first, the problem of "super ministry" should be solved to avoid conflict of competence. Second, reduce unnecessary administrative licensing items by regulating the administrative licensing procedures and strengthen the post-review system. In addition, complete the legislation of network game administrative licensing, legalizing the stipulation of "three decide". We should further strengthen the supervision of network game administrative licensing and establish an administrative licensing evaluation system. Of course, in order to promote the comprehensive law enforcement of network games, it is required that a comprehensive law enforcement team be founded, the overall level of law enforcement be improved, a supervision and constraint mechanism which separates administrative licensing management and administrative penalties should be established. Thus, we can realize the target put forward by the State Council to build a law-based government, a responsible government and a service government.