The Perspective Of Administrative Law Research Of Network Public Opinion Control

Network public opinion in 2014 to continue to "drifts down" affect the public’s life, "The Guang Dong Mao Ming PX project mass incidents", "Lan Zhou water benzene exceeding bid event" hot things such as network public opinion by the continuous attention of the whole society. Network of people’s freedom of speech, opinion expression, interest demands, provides convenient conditions to participate in public affairs management, at the same time, is also the negative information and network violence "hotbed", it not only caused great influence to national security and social stability, but also poses a serious threat to the fundamental rights of citizens. That "Network public opinion must control" have become an international practice, or legal regulation, or government guidance, or a variety of means to combine controls, all countries in the world did not let the land of the free "disorder", just different way in different countries and regions, in the same way, the same is true in our country. But, if the regulatory control network public opinion as to the view of administrative law in our country there are still many problems needing to be solved. On the one hand, the imperfection of the law. the status is not high, a lack of authority of the legal basis; administrative subject problem such as power and responsibility set are not clear, lead to network public opinion control law enforcement according to the "absence", easy to cause the administrative relative person have questioned the legality of the administrative behavior; based on administrative areas, on the other hand, long-standing guided by the theory of "tube" concept, feudal ideas "ranking of residual, administrative law enforcement process often infringe on their citizen’s basic rights, disregard administrative procedures, and so on and so forth. In addition, because our country administrative supervision mechanism, the relief mechanism of fatigue, leading to lack of necessary regulatory power, the administrative relative person’s rights protected and relief. In this case, the complex network public opinion not only can give people the pursuit of the interests of the platform, but also the mix of public opinion of network violence, mass incidents. Therefore, how to guarantee freedom of expression of Internet users, at the same time, the limit in the range of law, is that our country administrative law control network public opinion having to face a difficult problem.Article describes the present situation of our country administrative law control network public opinion, based on the regulation of "control theory", combined with outside control experience and lessons, to administrative law to adjust controls the legal relationships between main body and the bedizen, the expansion of executive power and the network of tension and conflict between freedom of speech. Mainly from the regulation of legal basis, specific procedural security supervision and remedy mechanism and put forward improvement suggestions, and hope to our country network administrative controls all the way. The article is divided into introduction, body and conclusion three parts, the main text is divided into five parts.The first part:the basic overview of network public opinion administrative control, first about the concept, characteristics and transmission network public opinion and channel multiplication; furthermore discusses the concept of network public opinion control and control the foundation of existence.The second part:mainly tells the story of network public opinion in our country administrative law control basic situation, including the network public opinion control basic position analysis and the outstanding problems that exist in the network public opinion in our country administrative law regulation.The third part:the network public opinion control outside experience and enlightenment, this paper introduces the countries such as America, Germany, Singapore, South Korea network public opinion control experience and enlightenment to our country public opinion control.The fourth part:the network public opinion principles of administrative law regulation. First discussed the need to follow the principle of legal regulation, such as freedom, order of protection principle. The second is the need to follow the principle of the law enforcement process, proportion principle, the principle of matter principles and afterwards. The fifth part:the network public opinion the new distributed control basic path, according to the previous part deals with the basic path of network public opinion government regulation of concrete. Can be divided into network public opinion controls the legalization of administrative law and administrative procedure control behavior security and relief mechanism.