The Investigations On The Interest Balance Mechanism In Push Behavior Of Commercial Electronic Message

With the optimization and development of the rule of law in our country,the push behavior for commercial electronic message has become more regular and the message intrusions have been readily suppressed.Concurrently,the rights and the obligations is getting coordinated and collaborated in the legal practice;the effective interest balance mechanism is necessary to better relieve the conflict of interest among the legal entities.The first case of domestic commercial electronic message infringement is highly influential,which underwent the initial affirmation in the first instance and subsequent denial in the second instance.This example ushers an era for safeguarding rights in terms of commercial electronic message and also acts as a benchmark for future trials of such cases.This thesis is described on the basis of this case.The first part is the introduction and analysis of the case,followed by the review of interest relationship in the push behavior of commercial electronic message.Then an overall investigation and analysis is operated before providing the related advices for further optimization.The conflict of interest is an eternal topic,as interest is a necessity of human beings in this objective world.However,the scarcity of this necessity is contradictory to the infinite requirement from human beings,leading to the endless conflict of interest.The conflict of interest behaves as a conflict during the exercise of legal rights.To circumvent or decrease the contradictions in the conflict of interest,a clear boundary in law should be made,and the concept of interest balance should be applied among legislation,justice,enforcement,and even safeguarding the law.Specifically,on one side,the rights can be appropriately defined by legislation,enabling the design of the effective structure of infringement responsibility to demarcate the rights and the obligations for the litigants.On the other side,the present conflict of interest can be balanced by the judicial systems in the individual cases,where the relationship between the individual interest and others can thus be coordinated.Specially,an appropriate compromise can be made for the counterpart of interest and a slight infringement would be tolerated by the others.In this way,the appropriate inclination of the law readily enables the effective operation of the rule of law.In summary,this thesis is aiming at understanding the intrinsic mind in the second instance of the first case of domestic commercial electronic message infringement and the logic of the law enforcement behind the rules.Moreover,a further exploration of the interest balance mechanism in the dimension of the commercial electronic message would be carried out with the present theories and experiences.