As smart phones,people can never leave home with the family member friend voice or video chat,great convenience for people's communication also enrich people's spiritual world.Smartphones,however,in addition to the factory with a part of the mobile phone software pre-installed,in the sales link has also been a lot more pre-installed software installation,an operator smartphone software pre-installed because its quantity and unloading,installation has many characteristics,such as mandatory part of the malicious software operation,seriously violated the consumer rights.About mobile phone software pre-installed exist many problems,at present although industrial informat ionization department issued by the relevant notice,although issued administrative rules,for mobile pre-installed software to regulate the actions of the operator,but phone pre-installed software running malicious violation of consumer rights phenomenon does not reduce.Therefore,in urgent need of relevant laws and regulations related to mobile phone pre-installed software to further improve.This article from the four parts analysis the legal regulating of the mobile phone software pre-installed problems and corresponding solution measures are put forward.The first part elaborates on the characteristics of the mobile phone software pre-installed and parts of mobile phone software pre-installed malicious operation on consumer rights violations.The second part of mobile phone software pre-installed legal relationship main body is analyzed to interpret the legal relationships between each main body.The body of the cell phone pre-installed software have two parties,the parties are operators and consumers,party's government.The legal relationship between different subjects have a principal-agent relationship and business relationship.The third part is about the present situation of our country the legal regulating of the mobile phone software pre-installed is analyzed.The fourth part is to perfect the relevant legal regulation of mobile phone software pre-installed,respectively is to strengthen the self-discipline management of mobile software pre-installed Actual software pre-installed tort imputation principle and the main responsibility and cognizance tort liability form is to use principle of onus probandi inversion Consumers after phone pre-installed software infringement,consumers'rights and interests protection association can consumer public interest litigation and so on,with better planning healthy and sustainable development of mobile phone software pre-installed can better protect the legitimate rights and interests of consumers. |