Cultural Gag Reflex Analysis Of The Administrative Law

Broadcast and television plays an important role in the media industry.Because ofits prominent social properties and social functions, it has always been the focus ofgovernment regulation, especially the content regulation of radio and televisionprograms.However, the breakdown of the practice of its content regulation in recentyears, we can find that the phenomenon of " counting on the policy rather than the law"can not be ignored.The issue of cutback on TV entertainment, one of the comprehensive measuresaimed at entertainment programmes supervision of the satellite channels by the the StateAdministration of Radio, Film and Television under the strategy of building the greatsocialist cultural power, is designed for curbing tendency of excessive entertainment ofthe TV programmes and making achievement of taking effective measures to resist theprogramme of being philistine, vulgar, and catering to the low tastes of society andestablish the common active and health practice firmly.However, in recent years, thepractice of supervision concering TV programming falling into internal normativedocuments or administrative orders has been widely criticised because of its heavyinterference of administrative power. The fact of attaching much importance to thepolicy rather than law in supervising the TV programming can never be ignored. Hence,it is imperative to advance the supervision of the TV programming legaly andscientifically in the economic globalization process.This paper can be divided into three parts: the first part will mainly present thebackground, causes, contents and effects of the introduction of the policy regardingcutback on TV entertainment and concludes primarily that the cutback on TVentertainment is aimed at solving the problems of TV programme of low taste andexcessive entertainment.; the second part is going to discuss the targets of cutback onTV entertainment—low taste and excessive entertainment：the introduction of theexemplary examples of regulating the TV programme of low taste by StateAdministration of Radio,Film and Television as the beginning, and combined with thecutback on TV entertainment and the supervision of low taste TV programme,this paper is about to discuss how to define “the low taste”and give some comments on thesupervision practice right now from the point of view of the legitimacy, and then thispaper is followed by the defition of the excessie entertainment and whether the reasonsfor limiting the excessive entertainment imposed by cutback on TV entertainment beingsufficeient or not; the third part will be focused on the validity of cutback on TVentertainment, analysing its validity for the content, the form and the process based onthe basic principles of administrative law—rule of law and due process. According tothe principle of legal reservation, the legitimacy of restrictions on the civil legal rightsimposed by the cutback on TV entertainment by the State Administration of Radio, Filmand Television is widely doubted due to its lack of authorization in the absence of radionand television law. Subject to priority principle of law, the administrative order issuedby the state administration of radion, film amd television must give priority to thecitizen’s freedom of speech and expression under the current legal system because ofhigher-level law in preference to the lower-level law. Subject to the principle of dueprocess, the decision made by the govement which imposes some limition on therelevant party’s legal rights, shall be abided by the principle of neutral and openprocedure and participation of the public for the purpose of rule of law.This paper will give some analysis of the cutback on TV entertaiment issued by theAdministration of Radio, Film and Television by means of case study and lawdiscussion. The highlights of innovation consist in the discussion on the practiceconcering the government’s tackling the air and TV programme of low taste andexcessive entertainment from the perspective of adminiatrave law combined with thecases and law related to the cutback on the entertainment, further pointing out theproblem of legitimacy deficiency of the goverenment supervision, hoping comingout ofthe basic law in the fields of radion and televison as soon as possible to advancebuilding the goverenment rule of law, and finally indicating as for tackling the TVprogramme of low taste and excessive entertainment, the government should be given afull play in the right guidance, and establish a scientific and effective evaluationmechanism from internal to exterior fields, promoting the sound development of theTV programme market.