Research On Substantive And Procedural Laws Of Spam Messages Tort

As the communications industry more developed, SMS to our lives a lot easier.However, there have been a lot of black, yellow and commercial spam messages.Such acts of telecommunications services, has violated the relevant state laws andregulations, seriously disturb the daily lives of the majority of mobile phone users,violating the civil rights of many mobile phone users. However, due to the lack ofrelevant laws and regulations, regulation and regulatory and legal liability and otherreasons are not clear, but once the dispute because the spam messages, mobile phoneusers are difficult to remedy through effective ways to protect their legitimate rightsand interests.In this context, this paper analyzes the legal point of endless spam messages,repeated reasons, and thus the corresponding countermeasures and suggestions. Theauthor of the concept and type of spam text messages were summarized and analyzed,because our country has no legally accurate definition of spam messages, so thepaper summarizes the characteristics of spam messages based on the extracted itsdefinition. After making the definition of spam messages, combined with real lifeevents and media exposure of spam messages infringement, in-depth analysis of thecurrent situation of spam messages, endangering spam messages, for legal reasonsover the years of repeated spam messages. This article focuses on the analysis findsspam messages tort liability. Analysis of spam messages with the general and specialtort tort differences and relations, there is an infringement of the spam messagesdeeper analysis, based on this particularity to assume the tort liability of infringementof spam messages as a starting point, the analysis and interpretation of spammessages that violated the civil rights of the species as well as the legal basis is based.Introduction of foreign advanced experience of governance for spam messages, thecomprehensive situation of our country, from revise and improve laws andregulations, the implementation of real-name system, strengthen the telecomoperators in terms of technology development responsibilities of governance spammessages put forward their own views.