关键词: 互联网行政许可, 行政许可事项, 行政许可设定, 互联网法

Abstract:

The setting of Internet administrative licensing matters in China faces multiple difficulties, such asthe mismatch between the level of legal norms and the importance of licensing matters, the incompatibility betweenthe stability of legal norms and the rapid development of the Internet, and the fragmentation of licensing matterscaused by the ineffective governance of the Internet. The setting of Internet administrative licensing matters needs torespond to the substantive logic of “Why to set” and the formal logic of “How to set". ln terms of substantive logic, legislators need to distinguish between licensing matters for Intermet basic services and licensing matters for " ln-ternet Plus”, and to make a second-order judgment based on functional analyses. In terms of formal logic, thereare 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 tomatch the setting methods of “Special” and “Cross”, respectively, to ensure that the authority for setting licensingmatters is legal and the importance of the matters is matched. This means following the principle of identity to selectlegal provisions that will achieve system connection between substantive administrative licensing matters andInternet administrative licensing matters.

Key words: internet administrative license, administrative licensing matters, setting of administrativelicensing, internet law