| The development of mobile internet technology has gradually changed the mode of human information dissemination and realized the maximum convenience of human interaction.However,it also provides a more convenient platform for the dissemination of illegal information on the Internet,making it difficult for administrative agencies to clarify the boundaries of the exercise of administrative penalties.Eventually led to the emergence of disputes over the Jurisdiction of Internet Administrative Penalty.From the origin point of view,this controversy arises mainly from the irreconcilable between the "unbounded" characteristics of the Internet and the "bounded" features of the administrative power.The Internet,by virtue of its unique dynamic,trans-regional,Instantaneous and virtual characteristics,spills the dissemination of illegal information over the scope of a certain administrative area,creating an “overflow effect”,leading to the Internet administrative sanctions are no longer a single regional jurisdiction,resulting in jurisdictional disputes.Therefore,in order to solve the controversy over the jurisdiction of the administrative penalty in the Internet,this article studies the jurisdictional allocation standards in the dispute resolution model of administrative jurisdiction.from three aspects of principle standard,substantive standard and procedural standard,Making some perfect suggestions for the lack of jurisdictional allocation standards in practice.The full text is divided into four parts,about 40,000 words.Part one: The origin of disputes arising from the Jurisdiction of Internet Administrative Penalty.In order to make an accurate setting of the allocation standards of Jurisdiction of Internet administrative penalty,the root cause of the jurisdictional dispute must be clearly defined.Therefore,in this section,the author discusses the three basic theoretical issues surrounding the controversy’s derivation logic,substantive attributes,and influencing factors,and gives a more profound explanation of the causes of the controversy and related issues.This is a study of the following specific issues.Prepared the prerequisites.Part two: The proposal for the distribution standard of Jurisdiction of Internet of Administrative Penalty.Regarding the controversial issue of the Jurisdiction of Internet administrative penalty,the second paragraph of Article eight of the “ Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management”has proposed a corresponding dispute resolution model,which essentially belongs to an administrative negotiation and ruling mode.The author argues that the “ binary dispute resolution model”of“cooperation and negotiation—designated jurisdiction”is the key to the application of this model is to clarify the criteria for the allocation of jurisdiction.Therefore,this part of the content of the distribution of the concept of the connotation,the basis of the framework and the functional value of the corresponding explanation.Part three : The lack of practice and perfection of the criteria for the allocation of Jurisdiction of Internet administrative penalty.After the definition of the conception of the jurisdiction distribution standard is clarified,this part analyzes the legislative status and the theoretical status of the distribution standard of the Internet jurisdiction of the administrative penalty,and clarifies the deficiency of the standard in practice.Which is: First,we must adhere to a framework basis,that is,deal with jurisdictional disputes within the framework of the dispute resolution model of administrative consultation and adjudication.Secondly,we should take the basic principles of administrative law of our country,the principle of long-arm jurisdiction of the United States.and the "unbounded" characteristics of the Internet as the basis for the reference of the Jurisdictional allocation criteria.Part four: Setting the Standard of Jurisdiction of Internet Administrative Penalty.In this part,the author sets the principle of distribution of principle by referring to the basic principles of our country’s administrative law;sets the substantive distribution standard by referring to the principle of long-arm jurisdiction in the United States;sets the procedural standards by connecting to the actual and basic characteristics of the Internet.In the end,the author proposes a set of complete suggestions for the allocation standards of Jurisdiction of Internet administrative penalty,and it is represented in two charts. |
