| Since 2000, China Mobile and China Unicom launched short message service. Then it grows in an amazing speed, the number of the short messages that people had send is also surprised the public, and its profit is"very significant". The mobile networks that marked by mobile phone short messages is becoming the"fifth media", which will affect both of our personal and social life. With the widely use of the short messages, it brings us too much convenience, but so many negative effects too. For example, some criminals use short messages to do the illegal activities, and these cases are increasing. The proliferation of the short messages fraud, not only a serious violation of people's property rights, but also a threaten to the normal social and economic order. It's aready become a major public hazard which endangers the public order. Therefore, how to take effective measures to prevent and control the short messages fraud is a problem worthy of serious study.In this thesis, through the theoretical analysis of the diffence between short messages fraud and traditional fraud, I disscussed the legal issues arising from the short messages. The whole passage includes the introduction, body, conclusion. The body is divided into four parts:The first part briefly introduces the concept of mobile phone short messages and the concept ,types of the mobile phone short messages fraud. Then analyzed the diffence between the mobile phone short messages fraud and traditional ones, and also clearly showed the significance of the legal governance of the mobile phone short messages fraud.The second part mainly introduced why the short messages fraud cases are often happened, in addition to the benefits bring by the fraud, the victim's psychological vulnerability, the mismanagement of the relevant departments of the government, the legal system lags behind is the root cause.The third part describes the South Korea, Japan, America and some other countries'successful experience in the management of short message. And from their experience, we can get some ideas of how to regulate the short messages fraud in our country.The fourth part discussed how to improve the management of short messages fraud. Specifically, we should improve legislation, strengthen supervision and law enforcement, strengthen the jurisdiction and improve the citizens'awareness of law-abiding. Then we can achive the legal regulation for short messagea fraud. |