Research On The Administrative Regulation Of Network Information In Our Country

Regulation has been focus on multi-disciplinary such as economics, sociologyand public administration, and the regulatory issues therefore carries theory demandsunder the different perspectives and system characteristics. The features of regulationprovide the beneficial theory and system platform for people to research therelationship of the government and the market, the state and society, as well as apersonal. Administrative studies of regulation, however, must jump out traditional thetheory of economics and administrative science to the perspective of power-therelationship between rights and the legal system to observe and analyze thegovernment regulatory role of the market power, so as to broaden the application ofadministrative regulation.This article is based on the interdisciplinary nature of the regulation andresearched the administrative supervision of network information from the legitimacyand legality, which mainly concerned about who is going supervision, control what,how to regulatory and extent of supervision and boundary. Tried to respond in theoryand to meet the modern social public administrative supervision in the process ofgovernance legitimacy, effectiveness and legitimacy of the requirements in practice,for the hope to provide some material for public administrative reformation.The introduction section is briefly introduced to the reason of selected the topic,the research purpose and meaning, and analyzed why choose network informationsupervision as the research object in this paper. Briefly reviewing the existingresearch results at home and abroad, put forward in this paper, the research train ofthought and structure of the layout and the research methods.The first chapter, theory and practice of network information regulation.Expounds the necessity of supervision of network information, network informationmarket regulation theories evolution, analyzes the necessity of research on the regulation of network information, combing the theory of network informationregulation evolution, longitudinal investigation of network information marketregulation practice change, analysis of the current network information regulatoryenvironment, introduces the present situation of network information supervision andproblems, research from the aspects of main body, scope, manner to points out whythe administrative regulation concerns the network information regulation, and thenpointed out this article research is for the above three aspects of response.The second chapter, the research of main body of network information regulation.Analysis from the government as the only market supervision main body, discussednetwork information how to determine regulatory body under the market economicsystem, points out that public interests is no longer be absolute standard, thegovernment decision is limited rational decision. Compares main body pattern ofoverseas network information supervision, points out that the main body pattern ofnetwork information supervision of western countries due to different timebackground and historical background, have advantages and disadvantages. We can’tdo this western model, but the rational composition should be draw. On the basis ofreasonable ingredients of reference model in foreign countries, points out that networkinformation regulation should jointly play a role of the state, the market, social.Analysis the main body of network information in our country at present regulationmode, and why we don’t have to take the form of independent regulatory agencies inChina. And points out problems existing in current main body of network informationsupervision in our country, discuss the reason of supervision main body pattern,proposed should focus on the determination of the division of regulatoryresponsibilities, authority, set of institutions and members, analysis the reasons of theexistence of problems, and puts forward the solution.The third chapter, the scope of the regulation of network information research.Describes and distinguishes regulatory scope from the vertical and horizontal，preliminary outline of the whole structure of regulation range and the main content ofresearch of regulatory theory. Points out that the horizontal regulation scope refers tothe scope of horizontal regulation consists of regulation object, the vertical scope ofregulation refers to the vertical scope of regulation consists of specific administrativeregulatory functions. Points out that the scope of administrative supervision is refersto the regulatory object which be sure by administrative supervision body to respond to the "market failure",maintain and promote the social and publicinterests.Government administrative supervision does not include the macroeconomicregulation and control of network information market, also does not include themanagement of network information industry. Sorts out regulatory rights and powersof the relative relationship between the authority and responsibility and the power toremedy system, from the point of view of the government and market relations, toprovide theoretical support for the next reasonable range of administrative supervisionin legal perspective. Network information supervision power should be taken to thestatutory principle, namely the legitimacy of the administrative regulation is based onthe authorization of law or rules in accordance with the law license, and therefore theborder should also be defined by law. Based on the analysis of the problems andcauses of the scope of regulation of network information, redefine the scope ofregulation of network information.Points out the factors to be considered todetermine the scope of regulation of network information, delineation determinestandards of the regulatory scope of network information, and thus concretly analysisof the lawful custody of network information sources and the boundary. Thesupervision of all aspects of network information is not full control, should payattention to distinction between the government and the role of the market. Thegovernment and the market mutual collaboration, clear the boundary of the privilegesof the network market supervision, as well as powers and scope of responsibilities ofregulatory. The degree of regulation of the network information network of thegovernment should be concerned about freedom of speech and the pursuit of networkpublic opinion, to take to the soft management mode to reduce the direct governmentintervention, limits the scope of regulation in personal interests of others or personalinterests.The fourth chapter, the research of way of the network information regulation.Government regulation of pharmaceutical market is through a certain way. The oldInternet information market regulation is to command and control. Administrativesubject which unilaterally use compulsory power lead to regulatory failure can’treflect the market main body participation in administrative decision-making. In takethe market as the orientation today, there are many deficiencies, concrete analysis thedrawback of administrative legislation, administrative licensing, administrativeinspection, administrative penalties, has been clear about the choose way of market regulation should consider factors, put forward the idea from the previous "commandand control" regulation on the transformation to the "market incentives" regulation.Market supervision is considered an even more concentrated, more flexible, morepowerful, more efficient, less personal and enterprise burden. Thus to determine theregulatory mode of network information, perfect the existing regulation mode, tointroduce a new way of network information regulation: establish letter,comprehensive regulation, grading system.