摘要
本文认为,与民法、刑法等相比较,行政规制以其主动性和灵活性两大优势更适用于规制网络直播。但当前,我国网络直播行政规制仍存在缺乏统一的行政法规、规制主体职权不明、单纯强制规制、服务引导不足等问题。因此,应坚持行政监管适度与共治原则,统一网络直播行政规制法律制度,提高立法层级,明确各监管部门的权限范围,加强引导与服务,探索刚柔并济的行政规制手段,以促进网络直播行业的健康发展。
With the development of Internet technology,webcast is booming day by day. It is deeply welcomed by the masses with its two remarkable characteristics of "instant " and " interaction".At the same time, the webcast industry has also frequently seen such chaos as the vulgarization of live broadcast content,the serious problem of live broadcast fake sales,live broadcast infringement and so on.Compared with civil law and criminal law,administrative regulation is more suitable for regulating webcast with its two outstanding advantages of initiative and flexibility.At present,there are some problems in China’s webcast administrative regulation,such as lack of unified administrative regulations,unclear functions and powers of regulatory subjects,simple mandatory regulation,insufficient service guidance and so on.Therefore,we should adhere to the principles of moderation and co governance of administrative supervision;Unify the legal system of administrative regulation of webcast and improve the legislative level;Clarify the scope of authority of each regulatory department to avoid power conflict;Explore the administrative regulation means of combining hardness and softness,and strengthen guidance and service,so as to promote the healthy development of webcast industry.
出处
《行政与法》
2021年第10期75-83,共9页
Administration and Law
关键词
网络直播
行政规制
监管适度
柔性规制
webcast
administrative regulation
moderate supervision
flexible regulation
