Research On Administrative Regulation Of Online Live Broadcas

As an newly emergent business with the development of mobile Internet technology,webcast has shown a blowout development in terms of live broadcasting platform,number of users and industry scale in recent years.According to the statistical report,the number of users in the live broadcasting industry has occupied more than half of the whole Internet users in 2020,with an average of one live broadcasting user for every two people.Webcast is deeply integrated with Pan entertainment,education,ecommerce and other subdivided fields.Taking live e-commerce as an example,China’s live e-commerce market will reach nearly trillion yuan in 2020,reflecting that the webcast industry has a strong role in promoting the economy in the digital age.However,we should also see that while webcast is becoming more and more popular and enriching people’s life,it has also caused a lot of industry chaos.The solution of these problems needs to be regulated by various specific means.It can be said that in the process of regulating webcast,the administrative subject has made beneficial exploration in the standardization and regulation forms,which brings noteworthy effect,yet the current administrative regulation is not perfect enough.The shortcomings not only affect the efficiency of regulation,but also make it face the regulatory pressure brought by the further development of the webcast industry.The first chapter discusses the necessity of administrative regulation of webcast.This part mainly discusses from three angles: the current industrial chaos of webcast,the regulatory advantages of administrative regulation and the connection with the administrative regulation of overseas webcast.The industry chaos of webcast includes the vulgarization of live broadcast content,infringement of personality rights,copyright infringements,and damage to consumers’ rights and interests by live broadcast marketing;Compared with other regulation methods,administrative regulation has more advantages because of its flexibility and initiative;The administrative regulation of webcast abroad is mainly divided into "cooperation regulation between administrative departments and industry platforms","industry selfregulation led" and "administrative regulation led".It is concluded that the webcast industry needs to be regulated by executive branch.The second chapter analyzes the status and problems of administrative regulation,including the normative system,legal relations and regulatory measures.This paper believes that the problems of administrative regulation mainly include the imperfect normative system and content,the inability of government unilateral regulation to realize the joint force of regulation,single regulatory measures and insufficient regulation.By analyzing the problems,foreign experience,research results of relevant literature and linking the specific situation,this paper offers concrete ideas to improve the administrative regulation of webcast in our country from Chapter 3 to Chapter 5.In the third chapter,this paper holds a view that the improvement of webcast specification system not only needs to formulate high-level legislation for webcast,but also needs to realize the supporting of low-level norms,and the enrichment of normative content mainly includes content classification,real name system and responsibility.The fourth chapter discusses how to optimize the framework of the administrative department and form cooperative regulation between administrative department and webcast industry association.We should clarify our responsibilities and give full play to the overall coordination function of the Internet information office.Meanwhile,we should realize the cooperative regulation between the government and industry organizations by encouraging industry self-regulation and building post regulation.The fifth chapter offers innovation of administrative regulation means in the first,middle and last stages.Specifically,in the prior stage,it is necessary to improve the anchor access threshold and implement flexible regulation.In the in-process stage,it is necessary to improve technology and change from sports law enforcement of special rectification to more long-term regulation means.In the post event stage,we can start from two aspects: improving regulation and implementing regulation evaluation.