Research On The Administrative Regulation Of Internet Bad Information

The rapid development of the Internet has enriched the communication between the public and also facilitated the proliferation of Internet bad information.As a serious cyberspace problem,it is still difficult to be solved by the existing legislative provisions,regulatory tools and institutional models alone,so there is an urgent need to strengthen the research on the administrative regulation of Internet bad information in order to explore a more perfect and effective solution.It defines and differentiates the concepts related to Internet bad information,reflecting the State’s legislative purpose of attempting to regulate Internet bad information,purify the cyberspace environment and safeguard the rights and interests of citizens.However,it is found through research that there are still many difficulties in administrative regulation in China,mainly in terms of legality and effectiveness.Although the concept of Internet bad information has been legalised through the Governance Provisions,there is still a blurred concept,a generalised scope and a mix of Internet bad information with Internet illegal information and Internet harmful information in the administrative jurisprudence.In law enforcement practice,the government’s new regulatory tools lack legal support,and it is difficult to guarantee the rights of citizens and platforms for remedy;the government’s regulatory subjects are too diverse,the legal relationship is complicated,and the regulatory means are simple,rough and inefficient.How to solve these problems will become the focus of this paper.This paper firstly defines the legal concept of Internet bad information and its administrative regulation.After a step-by-step analysis of the doctrinal definition,normative connotation and relevant concepts of Internet bad information,the identification criteria of Internet bad information will be clarified and a typological analysis will be made so as to distinguish them in practice.Secondly,the current situation and problems of the administrative regulation of Internet bad information are analysed.From the perspective of standardization,the existing normative documents related to Internet bad information are sorted out,and the legal basis,power configuration and administrative regulation methods of the governmental regulatory body are analyzed,and the current dilemma of the administrative regulation of Internet bad information is summarized,i.e.the problems of legality and effectiveness.Again,in view of the current situation and problems of the administrative regulation of Internet bad information,suggestions for the improvement of the regulation are put forward.The key to the government’s regulation of Internet bad information lies in how to urge online information content producers,service platforms and service users to "prevent" and "resist" Internet bad information,mainly including preventive and dispositional means of regulating Internet bad information.Finally,it further proposes how to use the above means of regulation and establish the corresponding institutional support.This includes improving the legislative provisions and providing more accurate and detailed descriptions of the specific concepts and types of Internet bad information,so as to establish a sound negative list management system for Internet bad information;improving the law enforcement linkage mechanism and cross-regional collaboration mechanism;reasonably connecting the application of various means of regulation,setting a unified benchmark of discretion,and ensuring the same treatment of the same cases in law enforcement as far as possible;and improving the joint disciplinary system for breach of trust.