Research On The Administrative Law Regulation Of Live Broadcast On The Internet

Network live broadcast,that is,a new media form in which performers rely on the network to provide instant audio and video performances for viewers through a specific platform and realize real-time interaction with the audience in the process.In recent years,with the development of network technology,the network live broadcast has gradually flourished,but also brought a series of problems,such as the content of the network live broadcast involving the vulgar and the yellow,the phenomenon of minors blindly engaged in the network live broadcast is more serious,the improper competition is intensified,and the placement of advertisements is mixed.Although the state has carried out the network security law,criminal law and civil law regulations for the above problems,but because the network live broadcast belongs to the emerging industry,its problems are also relatively "novel",relying only on the above three ways to regulate it has great defects,and the administrative law can fully make up for these defects due to its flexibility and wide application.Therefore,it is necessary to bring the administrative law regulation into the governance of network live broadcast.At present,there have been some regulatory subjects,relevant norms,regulatory technologies and regulatory means in the regulation of the administrative law of online live broadcasting,but there are still great deficiencies,such as the dispersion of regulatory subjects,the imperfection of the relevant regulatory system,the backward regulatory methods and the single lag of regulatory means,which seriously hinder the stability of online live broadcasting.In view of the problems in the regulation of online live broadcasting administrative law,this paper analyzes the characteristics of online live broadcasting,the legislative conditions and the transformation of the government’s governance concept,and points out that the root of the problems lies in the difference of online live broadcasting,the lack of timely follow-up of the relevant legislation and norms of online live broadcasting,and the failure of the government’s regulatory model to match with its governance concept,etc.At the same time,it analyzes the successful experience of the United States,Japan and South Korea in the management of network live broadcast,that is,the relevant legislation of network live broadcast management is relatively perfect,the technical means to regulate network live broadcast is more advanced,and vigorously advocates the industry self-discipline of network live broadcast,and draws lessons from these experiences.Finally,on the basis of absorbing the domestic and foreign governance experience,the author puts forward the system countermeasures to solve the existing problems in the regulation of online live broadcasting administrative law: making clear the legal administrative principle,the principle of administrative openness and the principle of proportion as the basic principle of the regulation of online live broadcasting administrative law,so as to guide the government’s regulation behavior of online live broadcasting;improving the legislation by changing the thinking In order to improve the relevant administrative legislation of the network live broadcasting regulation,we should establish the regulation regulations of the network live broadcasting industry,improve the legislative mode,fill in the legislative content,procedures and relief system of the network live broadcasting administrative law regulation,so as to make the legal basis of the government regulation more reliable;we should set up a reasonable regulatory subject of the administrative law to avoid the subject mixing Chaos then affects the effectiveness of government regulation;to weaken the prior permission,introduce in-process monitoring,and strengthen the punishment after the event to improve the way of administrative law regulation of online live broadcasting,in which,in-process monitoring mainly uses advanced network technology to conduct real-time monitoring;to strengthen the soft regulation of online live broadcasting,and realize the coexistence of hard regulation and soft regulation of online live broadcasting,To jointly maintain the healthy and orderly development of network live broadcasting;to guide the industry selfdiscipline of network live broadcasting and improve the level of social supervision to achieve the common governance of the whole society of network live broadcasting;to strengthen international cooperation and coordinate the governance of network live broadcasting with the help of international forces,so as to promote the internationalization of the administrative regulations of network live broadcasting.In a word,the main line is to put forward problems,analyze problems,learn from foreign experience and propose system countermeasures.The purpose is to build a complete set of theoretical framework of administrative law regulation of online live broadcasting,and the general purpose is to promote the orderly development of online live broadcasting.