Research On Administrative Legislation Of Webcast

The webcast industry has risen with the wave of the Internet.But while it flourished,it also produced a lot of chaos,including live pornography,private viewing,drag racing live and so on.Although civil law,criminal law and other departmental laws also provide relief and regulation for the above issues,due to their lack of initiative and high thresholds,they cannot fully regulate the above chaos.Administrative legislative regulations have the advantages of proactive regulation and enforcement of laws and regulations,as well as low thresholds,and thus have inherent advantages in online live broadcast regulation.In spite of its inherent advantages,the chaos of webcasting is still frequent.The essence of administrative legislative system lies in legislative system.Therefore,this article will focus on the analysis of administrative and legislative issues in the field of webcasting.As far as China's situation is concerned,administrative legislation generally refers to the activities of specific state organs to formulate administrative regulations and rules in accordance with quasi-legislative procedures.It mainly includes matters in which the State Council formulates administrative regulations for the implementation of relevant laws and regulations,and various ministries and commissions of the State Council formulate regulations within theauthority of the department in accordance with the laws and regulations,decisions,and orders formulated by the State Council.This article aims at further combing the administrative regulations and rules in the field of webcasting,and combining with practical cases to analyze what problems exist in the administrative legislation level,and on the basis of appropriate reference to the beneficial experience of countries outside of the region,it puts forward suggestions for improving the administrative legislation that suits China's national conditions..The first part of this article examines the current status of the webcast industry and summarizes several typical problems that are common in the webcast field,mainly pornography,frequent privacy infringements,underage webcast usage issues,emergencies,etc.At the same time,the concept of administrative legislation in the webcast industry is defined,and its essence lies in legislation.The second part mainly sorts out the problems that exist in China's current administrative legislation when regulating online live broadcasts,which are essentially legislative issues.According to the classification,it can be summarized into three types of problems: regulatory object,object and means.These include overlapping legislation leading to "multiple law enforcement problems",ambiguous legislation leading to "unclear standards for pornographic identification",and "legal network anchor problems" due to legislative gaps.The stones of other mountains can be used to attack jade.The third part of the thesis provides some inspiration andreflections for the improvement of the administrative legislative system in China's online live broadcast industry by examining the typical types of regulatory models in the online live broadcast industry outside the region.In the fourth part of the thesis,based on the combed questions,and based on the successful experience of foreign countries and China in the regulation of mobile video,we put forward suggestions to improve the administrative legislative system suitable for China's online live broadcast field,that is,the National Internet Information Office.Responsible for the supervision of the online live broadcast industry,and supplement and refine the several types of issues sorted out by means of explanations.