Research On The Perfection Of Administrative Law On Webcast Platform In China

In recent years,the webcast industry has realized rapid development,and the forms such as webcast for public welfare,webcast for supporting farmers and "webcast+" have presented the positive significance of webcast in multiple fields.But meanwhile,the webcast phenomena involving pornographic content and voyeurism should not be neglected.The direct reason for the chaos in webcast lies in the negative acts of webcast platforms,which is caused from insufficient regulation.Therefore,this thesis centered on the administrative law rules for webcast platforms to explore how to conduct effective regulation on webcast platforms through formulating administrative law rules.In Part I,the subject,object and content of administrative law rules for webcast platforms were defined,the necessity of administrative law rules was discussed from two aspects such as frequent illegal webcast contents caused from "lax" regulation on webcast platforms owing to profit pursuit as well as the limitations of Criminal Law and Civil Law in regulation.In Part II,the current status of administrative law rules for webcast platforms in China was analyzed from multiple aspects,including rule formulating and actual implementation situation,which laid a foundation for finding out the existing problems.In Part III,the problems existed in the administrative law rules for webcast platforms in China were analyzed,mainly including backward regulation idea,imperfect regulation system,incomplete regulation contents,unreasonable setting of regulation subjects,single and traditional regulation tool.In Part ?,corresponding improvement measures were proposed based on referring to foreign laws and industrial self-regulation experience:firstly,transform the regulation idea and persist in principles;secondly,formulate overall administrative law with perfect rules to provide sufficient and operable regulation basis;Thirdly,perfect the law contents and make up for deficiency,such as clarifying the obligation implementation criteria for webcast platforms,improving the entry and exit systems for webcast platforms,clarifying the responsibility systems for webcast platforms and the administrative department,and establishing the collaborative regulation system for social subject;fourthly,clarify the regulation subject to solve the mixed regulation problem of multiple departments;finally,stress to use rigid regulation tool to restrain webcast platforms,guide and simulate webcast platforms through administrative interview and guidance,development and utilization of technical tools as well as administrative simulation measures,establish the regulation mechanism combining constraint with stimulation.