On The Protection Of User Rights Of China Mobile Social Network Applications

In the ever-changing information age,the Internet is developing rapidly,and all kinds of mobile social network application are enriching human daily culture,and the habits of people’s lives and entertainment have changed dramatically.Most of the time,We Chat,QQ and other instant messaging applications instead of Telephone,SMS.People no longer worry about the cost of traditional contact information,sound,microblog and other entertainment applications also enrich the daily life.People can enjoy the world even if they do not stay at home.Low-cost,efficient Internet life mode has become the norm,mobile social network application is no longer just an additional way for people to communicate,but become to be an essential part of life,the survival tool of modern people.However,when people make extensive use of mobile social network application,they often ignore the existence of user protocols.With the development of mobile social programs,fierce market competition and huge commercial interests make the platform idle self-discipline,should be based on the protection of user rights and interests of the agreement into mobile social network application to limit user rights and interests,and constantly expand the interests of enterprises.Web 2.0 era to "social" as the main feature,Web 3.0 is based on Web 2.0 to optimize the user’s sense of use,mobile social network application as the most concerned business under the boom of the times,its user protocol analysis,has a typical representative significance,but also for other types of mobile application research to bring an effective reference.Taking some popular mobile social network applications at present as examples,such as We Chat,QQ,Sina,Byte Beat,ZAO and other mobile social network applications,we can find that the current user agreement exists two major problems through comparative analysis,one is the overlord clause,the user’s rights and interests caused typical three categories of risks,namely,personality rights risk,such as privacy and portrait rights risk;Another is the change of the agreement is arbitrary.The platform did not solicit user opinions,arbitrary changes to the user agreement,and did not publicly store the old agreement for the record,which is notonly violated the user’s right to informed consent,but also affected the user’s right to self-relief.For China’s app governance is to adopt the "government intervention and platform self-discipline" governance model,for user agreements,the government intervention can only involve the protection of personal information level,indirectly regulating the privacy agreement part of the user agreement.But the highest frequency of the overlord clause of other agreements have not been effectively managed,coupled with the lack of prior third-party audit,weak supervision.After the lack of strong punishment measures,mobile social network application user agreement issues are so prominent.Therefore,in the absence of relevant laws,the government inconvenience excessive interference in civil contracts.Platform lack of self-discipline behavior and the user’s own poor legal awareness.The best way to standardize mobile social network application user agreement to effectively protect user rights is to give full play to the role of industry association governance and supervision,social regulation,and strengthen the user’s civil relief means and third-party public interest litigation to fully protect user rights.