Research On Administrative Regulation Of Network Bad Information

In the information age,the rapid progress and profound changes in network technology have not only changed people’s production and lifestyle,but also produced a large amount of bad information on the Internet.While the development characteristics of network technology make network bad information have the characteristics of rapid dissemination,multiple transmission channels,extensiveness,anonymity,social harmfulness,ambiguity,and an escape of legal constraints,which greatly promotes the generation and spread of network bad information.At present,the proliferation of bad information such as “three kinds of vulgar”,money worship,showing off wealth,hype,and publicizing pornography scandals in cyberspace not only has a negative impact on netizens,but also seriously restricts the healthy development of cyberspace.Compared with the civil and criminal norms,which focus on correcting individual cases,the administrative law focuses not only on individual cases,but also pays attention to the macro governance of online bad information.Giving full play to the advantages of administrative law in management links,management models,and management methods is conducive to forming a comprehensive governance of bad information on the Internet.It is found that although China’s administrative regulation of network bad information itself is rich but incomplete,the academic circles have insufficient special research on the administrative regulation of network bad information,and the current administrative regulation of network bad information still has problems such as imperfect legal framework,regulatory deficiencies of administrative subjects,and insufficient effect of prior regulation.In view of the current problems existing in the administrative regulation of online bad information,from the perspective of administrative regulation theory,by combining normative analysis method,literature analysis method and comparative analysis method,learning from foreign experience in effective regulation of network bad information,combined with China’s specific reality,this paper puts forward targeted improvement paths for China’s administrative regulation of network bad information,following the principle of balancing freedom of expression and public interests,defining the legal concept of online bad information,formulating a special superior law so as to improve the legal framework of administrative regulation of network bad information;on this basis,clarifying the legal status of the three regulatory entities of administrative organs,industry organizations and online platforms on network bad information,exploring a variety of regulatory means,and strengthening prior regulation such as the guiding role of flexible administrative acts and technical monitoring,with a view to building a comprehensive and complete administrative legal regulation system for online bad information.