Legal Regulation Of China's Webcast Platform

The live webcast,in accordance with the “Regulations on the Administration of Internet Live Broadcasting Services” issued by the National Internet Information Office,refers to the activity of continuously publishing real-time information to the public in the form of video,audio,graphics and the like based on the Internet.With the development of Internet technology and the mass entertainment industry,webcasting has quickly become one of the most popular Internet industries in just a few years.On the one hand,it has promoted the development of the Internet economy,on the other hand,it has met the spiritual and cultural needs of the vast audience..At the same time,however,the number of illegal cases surrounding the webcast platform has also grown rapidly,causing adverse social impacts.Under the current legal system framework,what are the problems in identifying and dealing with the nature of the illegal activities of typical webcast platforms? How should it be solved? How to improve China's current legislation and supervision system on the network live broadcast platform? All are waiting for the response of legal theory and practice.The article is problem-oriented,finds the focus problem through the analysis of the case,and analyzes and studies each focus question in turn.Through the analysis of three cases of the pirate company's unauthorized broadcast case,it can be found that the current domestic network live broadcast platform mainly has the nature of illegal behavior,the network platform legal norm system is not perfect,and the network live broadcast platform market supervision is not in place.The problem.Aiming at the nature identification and legal treatment of the illegal activities of the network live broadcast platform in China,this paper proposes the nature of the two modes of the business model of the live broadcast platform and the legal elements of the relevant departmental law,and the typical illegal behavior in the live webcast platform is reversed.The characteristics of unfair competition behavior and responsible competition behavior are classified and discussed,and specific measures for the application of the law are proposed.In view of the improvement of the relevant legal norm system of China's online live broadcast platform,based on the analysis of the current legislation of China's existing network live broadcast platform,it is proposed that the "Anti-Unfair Competition Law of the People's Republic of China" should be improved(hereinafter referred to as the "Anti-Unfair Competition Law").)Protection validity and application of certainty,perfecting the flexible clauses and conversion use system of the fair use system of the "Copyright Law of the People's Republic of China"(hereinafter referred to as the "Copyright Law"),and the proposal to establish a special law for webcasting,so that China can be improved The legal norm system of the webcast platform.In view of the fact that the supervision of the live broadcast platform by the Chinese government departments is not in place,after in-depth study of the advanced experience of the direct broadcast supervision in Korea,the United States and the United Kingdom,combined with the practice of the supervision of the network live broadcast platform in China,it is proposed to change the regulatory concept and establish coordination.A unified regulatory system,a multi-cooperative regulatory model and regulatory policy recommendations to improve the level of regulatory technology.In summary,for the fast-growing and influential emerging industries such as webcasting,the state should adopt an inclusive and prudent attitude,and must carry out necessary legal regulation on the resulting new illegal acts to prevent malformation in the live broadcasting industry.Development also needs to promote orderly competition in the market through legal norms,and carry forward positive guidance to promote its healthy and stable development.