With the coming of the information era, Chinese administrative rule of law is experiencing an profound reform not only in the field of administrative basic theory, but in the field of administrative practice, not only in the field of administrative execution, but in the field of administrative legislation, not only in the field of real world but in the field of virtual world. Confronting such a reform, scholars of Chinese administrative law should scheme ahead to reflect upon the present theory of administrative law from all-round aspects, timely adjust related theory so as to the construction of administrative rule of law. This article mainly analyses the conflicts, dilemma of Chinese administrative rule of law, points out some outlets of Chinese administrative rule of law under the conditions of the information age.
In this paper, I tried to study the legislative history on the controversial issues in relation to the "web-board" game. The legislative procedural issues and the controversial regulations needs to be investigated in sequential analysis and review with the view of content validity and formal legitimacy. The second annexed list of the enforcement decree of the GAME INDUSTRY PROMOTION ACT is based on the article 28 (Matters to be Observed by Game Products related Business Operators) and its main fround is the item 8 "He/she shall observe matters prescribed by Presidential Decree as other matters necessary for maintaining business order." These provisions have many legal problems with the "Rule of Law" principle ("Vorbehalt des Gesetzes" in german), Overbreadth doctrine, Void for vagueness and the The Less Restrictive Alternative(LRA) doctrine etc. The regulation on the "web-board" game industry seems to be very severe and rigorous, because the balancing between the public interest and private one is not considered and corresponded well. It caused many harmful effects on the game industry, game business operator and its users. However, the purpose of legislation might not be achieved due to the weakness of the regulation so that the policy failure may bring about the loss of trust in the governmental regulation. The regulation on the game industry and ICT system needs to be authenticated as a measure to promote the business and rationalized to protect the game users.