Research On Administrative Soft Law Of Network Information Governance

When the interflow between the new administrative law era and the Internet age is going,the interaction between the theory of administrative law and the theory of public governance is more frequent.In the practice of network information management,how to improve the government's governance ability needs to reflect and reconstruct the multidisciplinary theory including administrative law.Administrative soft law as an important feature and the appearance of the new administrative law,which provides a theoretical reference for the network information governance of this emerging area.However,why can the network information governance be based on the legitimacy of administrative soft law and administrative soft law intervention,how to define the authority of administrative soft law and hard law,which are the theoretical prerequisites that need to be discussed.And as the origin of Internet technology in the domain of foreign countries in the governance of what is worth learning from,for China's network of information management of the administrative soft law to provide a practical experience.The full text of thirty-four thousand words,divided into five parts.The first part "Introduction".Elaborated the research background,the research significance domestic and foreign research present situation,the research method as well as the research innovation and the insufficiency.The second part "network information management and administrative soft law related theoretical analysis".On the basis of discussing the connotation and scope of the network information and the concept and characteristics of the administrative soft law,this paper analyzes the necessity of the administrative soft law on the network information management,defines the boundary between the hard law and the soft law,The relationship between hard law and administrative soft law is shaped as "center-periphery" structure.The third part of "China's network information management soft law governance of the status quo and problems." Analyzes the current situation and existing problems of the current network information management in our country,and discusses the realistic feasibility of the administrative soft law management network information.The fourth part of " The Enlightenment and Suggestion on Perfecting China 's Network Information Administration ".This paper puts forward some suggestions on how to use the administrative soft law to manage the network information,advocate: To realize the positive value of the administrative soft law in the field of network information management,we must follow the hard law and soft law " The author puts forward the framework of the traditional soft law and the framework of the traditional hard law,which can provide the basis for the function of the administrative soft law.On this basis,it actively improves and applies the administrative soft law and the soft law enforcement and relief mechanism.The five part of " Conclusion".Network information soft law governance to follow the principle of hard law constraints,to ensure that the soft law of the clarity and predictability,and pay attention to grasp the applicable law of the soft law.