| The popularization and development of Internet technology has promoted a new round of technological revolution,among which the network broadcast industry has emerged and developed rapidly.At present,the network broadcast platform with its convenient operation,low threshold,profits and other characteristics,occupy a large number of market shares,promote the development of Chinese economic and cultural undertakings.However,there are some illegal phenomena in the development process of the network broadcast industry,but the administrative organs do not play a good supervisory role in the supervision process due to information lag or technical shortcomings.Therefore,this paper takes the administrative supervision of network broadcast platforms as the entry point to analyze the legal issues involved in the process of administrative supervision.By studying the basic theory,existing legislation and law enforcement involved in the supervision process of live streaming platform,this paper recognizes the defects of administrative subject supervision of live streaming platform,lists the legal problems involved in the supervision process,and finally puts forward corresponding suggestions and countermeasures to provide a new perspective for our governance of live streaming platform.This paper is mainly divided into four parts.The first part expounds the relevant concepts of administrative supervision of network broadcast platforms and relevant basic theories of law,makes a clear definition of network broadcast platforms and administrative supervision of network broadcast platforms,summarizes their characteristics and principles,introduces the theories of administrative regulation,administrative balance and administrative subject,and provides guidance for the following related research.The second part combs the legislation and law enforcement status of the administrative supervision of the live network platform in our country,summarizes the current status of the administrative supervision of the live network platform in our country,and paves the way for finding out the supervision of the live network platform next.The third part excavates the deficiencies of administrative supervision from the existing laws and regulations documents of administrative supervision and related penalty cases,and analyzes the reasons from both subjective and objective perspectives.The deficiencies are reflected in the overlapping content of regulatory legislation;The legal relationship between the regulatory body and the platform is fuzzy;Single regulatory means;There are system defects in law enforcement means;The punishment is insufficient.Problem-oriented,the fourth part puts forward some suggestions to improve the administrative supervision of Chinese network broadcast platforms,updates and revises the content of supervision legislation,and removes the obsolete provisions;Clarify the relationship between the platform and the regulatory body;Establish public-private partnership governance model;Diversified innovative regulatory means,strengthening the content and procedure construction of administrative interview behavior;Increase the amount of penalty after the event.The above suggestions take into consideration the legislative level,the law enforcement level and the main body of the administrative supervision of the network live broadcast platform,so as to improve all aspects of the administrative supervision of the network live broadcast platform. |
