Study On The Jurisdiction Of Internet Administrative Punishment

Administrative punishment plays a very important role in maintaining and guaranteeing the smooth operation of our social order,which is one of the important means of administrative management in our country.The jurisdiction of administrative punishment is the precondition and foundation of administrative punishment for the specific administrative cases.Therefore,the determination and reasonable application of jurisdiction is very important for safeguarding public interest and social order and protecting the lawful rights and interests of citizens,legal persons and other organizations.Since 1996,the administrative Punishment law of the People's Republic of China has formed a set of relatively complete jurisdiction system of administrative punishment under the guidance of administrative penalty jurisdiction,which has been running for more than 20 years and made many contributions.The rapid development and application of the internet has profoundly changed people's behavior habits and the way of information dissemination.The intervention of network factors has caused the administrative punishment jurisdiction system to begin to appear "unfitness".Compared with traditional illegal behaviors,the characteristics of immediacy and virtuality of internet often make it difficult to find the appropriate treatment scheme within the framework of the existing jurisdiction rules.Therefore,under the background of strengthening the network social management and promoting the orderly operation of the network according to law,if we want to make an appropriate evaluation on the jurisdiction of these illegal activities,we need to further improve the existing administrative punishment jurisdiction system.The People's Republic of China Network Security Law issued by the NPC Standing Committee in November 2016 is the basic law of China's first comprehensive regulation of network space security management,and is an important milestone in the construction of legal system of cyberspace in China.The basic law in the field of cyber security focuses on safeguarding the security and sovereignty of cyberspace,insisting on network security and informatization,and perfecting the obligation and responsibility of network security,which is of great significance to ensure the safety of our network and promote the healthy development of economic and social information.Under this background,it is more urgent to strengthen the research on the characteristics of network illegal behaviors,and to speed up the administrative punishment jurisdiction system which adapts to the development of the network era,based on the lack and deficiency of administrative punishment jurisdiction system under the network environment and judicial practice.In this paper,by analyzing the particularity of network and network violations,under the jurisdiction of the administrative punishment system in network environment faced by the impact and challenges,to explore determine the jurisdiction of the administrative punishment principle that suit the development of network,and put forward further suggestions and ideas of the jurisdiction of the administrative punishment system.The main body of this article is divided into four parts.The first part mainly expounds the characteristics of Internet illegal activities.This part mainly introduces the related concepts of network space and the characteristics of network illegal behavior,and analyzes the influence of the characteristics of network illegal behavior on the determination of jurisdiction of administrative punishment.The second part mainly analyzes the lack of administrative punishment system of the Network illegal act.The traditional administrative punishment jurisdiction system has the challenge and the impact in the adjustment network illegal behavior.This part analyzes in detail the three aspects of the administrative punishment jurisdiction system brought by the network illegal activities.The third part focuses on some principles to determine the jurisdiction of network administrative punishment.The paper puts forward that the jurisdiction of network administrative punishment should be determined by the principle of duty and responsibility strengthening,the reality correspondence principle,the regulation convenience principle and the concept uniformity principle.The forth part puts forward the idea of constructing the administrative penalty jurisdiction system which adapts to the network development,which is the focus of this paper.This part suggests that under the network environment,the administrative punishment jurisdiction system should adhere to the regional jurisdiction with the IP address as the main jurisdiction,with the authority of the legal authority,the level jurisdiction determined by the influence size,and the official cooperation and information sharing as the jurisdictional guarantee.