Researh On The Leagal Problem Of Torts For Spam Message

In recent years, mobile phone short message has become one main way of communication, but also take some negative effects-spam messages increasingly overabundant. The spread of spam messages have seriously damaged the legitimate rights and interests of mobile phone users, not only cause tort. Chinese junk SMS infringement has not formed strict and effective measures in legislation, is the main source of law-sanction in legislation. This article focuses on the spam tort frequent this social problem, starting from the overview of spam messages, based on the existing laws, analyzes the status and deficiency of legislation in the garbage SMS infringement governance in our country, discusses the analysis of junk SMS infringement of subject and object, through legislation and the experience of foreign countries refuse SMS infringement governance model, proposed legislation and policy suggestions of spam message management in chinaThis article is divided into six chapters, the first chapter is introduction, mainly introducing the research background, research status of system, introduces the research methods; the second chapter, outlines the spam messages, including the concept, types and causes of spam messages; the third chapter of our governance spam messages tort legislation present situation and deficiency the analysis, pointed out that the lack of legislation and governance is the fundamental cause junk SMS infringement is frequent in China; the fourth chapter analyzes the junk SMS infringement of subject and object, from the angle of civil case infringement abstract out of mobile phone owners or actual use, telecom operators, information service providers and the use of mass or network tort SMS and so on four kind of junk SMS infringement subject, because the spam tort law is very extensive, this chapter is to the right of privacy, property rights, freedom of communication right, right to live in peace, four kinds of object of civil rights is analyzed; the fifth chapter experience of some foreign countries spam legislation, governance are summarized,, sixth chapter proposed legislation and institution of spam message management in china. The author believes that, in the aspect of legislation should be clear about the burden of proof and spam tort liability, clear responsibility for review operators on the true identity of user information, while increasing the operators of the duty of disclosure; in the aspect of system, the government should strengthen the regulatory supervision, implement the mobile phone network "real name system", increase the combat and punishment refuse to listen, to establish the list, should implement industry self-discipline mechanism, the use of high-tech fortification.