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当前,随着新媒体出版的发展,传统出版法律规范机制已经难以对其进行有效的规范和引导,存在的主要问题为:传统出版与新媒体出版法律法规相关条款有待进一步细化;相关法律规格不高,需进一步提高其规格;法律法规执行难度较大,“有法不依”现象大量存在等。有鉴于此,应尽快完善传统出版与新媒体出版衔接的法律规导机制,将我国的新媒体出版调控由预防制转变为追惩制,降低行政处罚、行政处分的分量,将新媒体出版纳入依法行政与依法管控的法律规导机制之中。
At present, with the development of new media publishing, the traditional publishing legal normative mechanism has been difficult to effectively standardize and guide it. The main problems are as follows: the related provisions of the traditional publishing and the new media publishing laws and regulations need to be further refined; the relevant legal specifications Not high, need to further improve its specifications; the implementation of laws and regulations more difficult, “law does not rely on ” a large number of phenomena exist. In view of this, we should improve as soon as possible the mechanism of legal regulation of the linkage between traditional publishing and new media publishing, change the regulation and control of new media in our country from prevention to chasing punishment, reduce the weight of administrative punishment and administrative punishment, Law-based administration and legal regulation and control mechanism.