The Logic and Approach of the Setting of Internet Administrative Licensing matters
The setting of Internet administrative licensing matters in China faces multiple difficulties,such as the mismatch between the level of legal norms and the importance of licensing matters,the incompatibility between the stability of legal norms and the rapid development of the Internet,and the fragmentation of licensing matters caused by the ineffective governance of the Internet.The setting of Internet administrative licensing matters needs to respond to the substantive logic of"Why to set"and the formal logic of"How to set".In terms of substantive log-ic,legislators need to distinguish between licensing matters for Internet basic services and licensing matters for"In-ternet Plus",and to make a second-order judgment based on functional analyses.In terms of formal logic,there are two types of Internet administrative licensing matters:"Special"and"Cross".Under guiding principles of sub-sidiarity and responsive law,licensing matters for Internet basic services and licensing for"Internet Plus"need to match the setting methods of"Special"and"Cross",respectively,to ensure that the authority for setting licensing matters is legal and the importance of the matters is matched.This means following the principle of identity to select legal provisions that will achieve system connection between substantive administrative licensing matters and Internet administrative licensing matters.
internet administrative licenseadministrative licensing matterssetting of administrative licensinginternet law
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