Research On Administrative Regulation Of Network Harmful Information

On the one hand, continuous progress and wide application of network information technology promote the rapid development of economy, society and culture; on the other hand, they provide a breeding ground for the spread of harmful information. Especially for the minors, the most important users of network groups, are impacted by the network on their value and life style, which opening a convenient way for them to contact with harmful information imperceptibly. As the most common and the most direct regulatory basis for network management and application, administrative law of China is relatively abundant but not complete in itself. Previous laws and administrative regulations for the protection of minors is only effective in the sense of traditional protection.There are serious defects and deficiencies whether in the whole administrative law regulation system and the specific legislative content, or the legislative system supporting measures. It is very necessary to sort out and evaluate the existing laws and regulations with “administrative regulation” as the basic point of the research from the angle of view on the protection of minor’s network rights. On the one hand, the author takes the foreign comprehensive management for reference by extract desirable features in order to make up for the loopholes in the legislation lag; On the other hand, the author makes a comparison between legislative text and empirical investigation to show the administrative rules and regulations of network harmful information in China thoroughly and deeply, thus, reforms measures to construct legislative regulation pertinently.This thesis is divided into seven parts to seek the path of the reform of administrative law of network harmful information: The first part is to introduce the research background, significance of the topic, review of research status at home and abroad, ideas and methods of the study. The second part defines the concept of three contents about“network harmful information”, “Legal system” and “Administrative Regulations”.The third part mainly reviews the state of legal regulation on the network harmful information of foreign countries from three aspects: “system of legislation”, “contents of legislation”, and “supporting measures”. The fourth part cards and speculatives the present situation of the administrative law regulation of the minor network harmful information in our country from the angles of macro framework and micro content, so as to find out the defects and deficiencies in the legislative level. The fifth part makes an empirical analysis of current internet status of minors and the implementation of laws according to social investigation.The sixth part of the thesis provides solutions to the improvement of the administrative law of the network harmful information from three aspects:”Establish a scientific and complete system of administrative legislation”, “Multi-faceted Improve the content of administrative legislation”,“Strengthen the external environment of administrative law regulation” so as to macroscopically establish multi position in one mode about administrative law regulation system of integrated harmful network information and microscopically put forward specific system design.The last part is the conclusion and the main point of the article is summarized.