Research On Discretion Of Film Administrative License

From the perspective of administrative law,the limit of film censorship is essentially the issue of the discretionary power of administrative licensing enjoyed by the film administrative department in the process of film administrative licensing.From the reality,the discretionary power of film administrative licensing has broad and unrestricted characteristics.Unconstrained discretion has led to the film licensing process often being criticized as "black box operations," and the legitimacy of film administrative licensing decisions has been widely questioned.Better protection of the basic rights of citizens under the constitutional provisions such as freedom of expression,freedom of cultural activities,and the legitimate rights and interests enjoyed by administrative counterparts in the course of administrative actions,all of which are to control the discretion in film licensing within a reasonable range.This article is divided into four parts.First of all,the problem of the discretion of the film administrative license under the current film administrative licensing system is clarified.Secondly,the paper makes a theoretical analysis of the discretion of the film administrative license,sorts out the general path of the license discretion and elaborates the special features of the film license.Under the premise of clarifying the actual problem and the theoretical basis,from the perspective of the reconstruction of the discretionary basis of the film administrative license and the improvement of other constraint modes of film licensing discretion,the paper puts forward suggestions for better restraining the discretion of the film administrative license.