论网吧行业政府管制
发布时间：2018-12-24 08:49
【摘要】： 1995年左右,网吧开始在中国的大中城市兴起,自网吧诞生之日起,就伴随着未成人上网、黑网吧泛滥等诸多问题。作为一个备受争议的问题行业,国家有关主管部门对网吧行业加大了管理力度,并陆续出台了《互联网上网服务营业场所管理条例》等一系列法规和规章。作为一种重要的行政行为,政府管制的实质是对市场规则的修正。政府应该对市场进行管制的理由主要有两点:一是由于外部性尤其外部“负效应”的存在,需要政府进行管制;二是因为市场失灵,即信息的不对称和不完全导致的所谓“内部性”。目前我国政府管制的效果还很不理想,“管制失灵”在各种受管制市场上普遍存在。 中国网吧业为我们分析政府管制提供了一个真实的蓝本,本文通过对网吧行业政府管制的个案解读,以发生在该领域的典型案例为例,从政府对网吧行业不管制到加强管制的三个阶段:即前管制阶段,管制深化阶段和连锁经营阶段着手,分析网吧行业政府管制的性质、主体、对象、手段等结构要素,从管制规则设立的不合理和管制手段的不规范两个方面解析“管制失灵”所产生的原因,然后运用行政法学及政府管制原理进行微观实证分析,论述良好管制的原则,在放松管制背景下,提出改善我国网吧行业政府管制体系的构想。
[Abstract]:Around 1995, Internet cafes began to rise in large and medium-sized cities in China. Since the birth of Internet cafes, there have been many problems, such as the proliferation of Internet cafes and the proliferation of Internet cafes. As a controversial problem industry, the competent authorities of the state have strengthened the management of the Internet bar industry, and have successively issued a series of laws and regulations, such as the regulations on the Administration of Business places for Internet access Services, and so on. As an important administrative act, the essence of government regulation is the amendment of market rules. There are two main reasons why the government should regulate the market: first, because of the existence of externality, especially the external "negative effect", it is necessary for the government to regulate; Second, because of market failure, that is, asymmetric and incomplete information caused by the so-called "internality." At present, the effect of government regulation in our country is not ideal, "regulation failure" exists in all kinds of regulated markets. The Chinese Internet cafes industry provides us with a true blueprint for the analysis of government regulation. This paper takes the typical cases in this field as an example by interpreting the case of government regulation in the Internet bar industry. From the three stages that the government does not regulate the Internet bar industry to strengthen the regulation: the stage of pre-regulation, the stage of deepening the regulation and the stage of chain operation, this paper analyzes the nature, subject, object, means and other structural elements of the government regulation in the Internet bar industry. This paper analyzes the causes of "regulation failure" from the two aspects of unreasonable regulation rules and non-standard control means, and then analyzes the principles of good regulation by using the administrative law and the principle of government regulation. Under the background of deregulation, the paper puts forward the idea of improving the government regulation system of Internet cafes in China.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.4
本文编号：2390420
[Abstract]:Around 1995, Internet cafes began to rise in large and medium-sized cities in China. Since the birth of Internet cafes, there have been many problems, such as the proliferation of Internet cafes and the proliferation of Internet cafes. As a controversial problem industry, the competent authorities of the state have strengthened the management of the Internet bar industry, and have successively issued a series of laws and regulations, such as the regulations on the Administration of Business places for Internet access Services, and so on. As an important administrative act, the essence of government regulation is the amendment of market rules. There are two main reasons why the government should regulate the market: first, because of the existence of externality, especially the external "negative effect", it is necessary for the government to regulate; Second, because of market failure, that is, asymmetric and incomplete information caused by the so-called "internality." At present, the effect of government regulation in our country is not ideal, "regulation failure" exists in all kinds of regulated markets. The Chinese Internet cafes industry provides us with a true blueprint for the analysis of government regulation. This paper takes the typical cases in this field as an example by interpreting the case of government regulation in the Internet bar industry. From the three stages that the government does not regulate the Internet bar industry to strengthen the regulation: the stage of pre-regulation, the stage of deepening the regulation and the stage of chain operation, this paper analyzes the nature, subject, object, means and other structural elements of the government regulation in the Internet bar industry. This paper analyzes the causes of "regulation failure" from the two aspects of unreasonable regulation rules and non-standard control means, and then analyzes the principles of good regulation by using the administrative law and the principle of government regulation. Under the background of deregulation, the paper puts forward the idea of improving the government regulation system of Internet cafes in China.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.4
【引证文献】
相关硕士学位论文 前1条
1 张兵;我国管制器具管理法律制度研究[D];安徽大学;2011年
，本文编号：2390420
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