Research On The Legal Regulation Of Webcast In China

With the implementation of the national Internet Plus policy,some traditional industries have gained new developments by virtue of the Internet platform,and the network broadcast industry,which integrates the traditional video technologies and the Internet technologies,is one of them.Behind the booming development of network broadcast,as a result of the imperfect supervision system and related legislation,the chaotic phenomena in various industries and legal predicaments have seriously impeded the healthy development of the network broadcast industry.The network broadcast is not an extra-territorial place.Strengthening the legal system for network broadcast,constructing a scientific network broadcast system,and eliminating chaotic phenomena in the industry are the inevitable choices for improving the healthy development of the network broadcast industry.The article talks about the main line of “investigation of chaotic phenomena-overview of legal regulation-value proposition-matters of law-suggestions for regulation”.It summarizes the main problems of network broadcast starting from various chaotic phenomenon of the network broadcast and expounding the connotation and value positioning of the legal regulations of network broadcast.It proposes suggestions for improving the legal regulation of our country’s network broadcast,aiming at the legal issues which the network broadcast confronts.The first chapter of the article selects the “live contents”,“live bullet screen”,“live tort” and “industry competition” in the network broadcast industry and summarizes the four chaotic phenomenon which exist in the network broadcast currently,laying the foundation for the proposing of the subsequent issues.The second chapter of the article summarizes the legal regulation of network broadcast according to the basic theories of legal regulation as well as the characteristics of network broadcast.It puts forward the following ideas that the main body of network broadcast’s legal regulation should be “specific administrative subject”;the regulatory object should be the main market players of network broadcast and the market behaviors it made;the regulations should follow the basic principles of legality,reasonableness,fairness and high efficiency;the regulatory approach includes building a sound supervision system,improving the relevant legislation,and forming supporting mechanisms.The third chapter of this article discusses the inadequacies of the existing value proposition of the legal regulation of network broadcast,and proposes that the “safeguarding social stability,ensuring public opinion guidance,protecting the healthy growth of young people,and strengthening the self-regulation of the industry” should be the proper value proposition of the legal regulation of network broadcast.The fourth chapter of the paper analyzes the legal issues that network broadcast faces from the two aspects of supervision system and legislation.The regulatory system contains the issues such as regulatory models,regulatory bodies,and regulatory objects.Legislation contains administrative legislation,criminal legislation,and copyright legislation.The fifth chapter of the article is mainly the advice for improving the legal regulation of network broadcast.In the aspect of improving the regulatory system,it proposes the suggestions such as clarifying the main body of supervision,forming supervision force,and reasonably dividing supervision authority.At the level of perfecting the legislation,the implementation of the network broadcast supporting system should be improved,relevant legislation should be improved,and the implementation of the supporting system should be strengthened.For serious infringements in the network broadcast,the attention should be paid on the protection of intellectual property in the network broadcast so as to reduce in network broadcast.For crimes in network broadcast,the criteria for identifying crimes should be consummated,and the concept and criteria for determining obscene articles should be defined.As for the supporting mechanisms,it proposes the following advice,such as forming a joint responsibility system,establishing an industry self-discipline system,and reforming the profit model.