The Consider Of The Civil Law On Garbage Massages

As extension services of communications, cell phone message has brought a lot of convenience to the people. But in the wake of message services, there are a lot of black, yellow and commercial garbage messages. Such telecommunications services, has violated the state's laws and regulations, seriously interfered in the daily lives of the majority of mobile phone users, and it's also a violation of civil rights of the mobile phone users. However, due to the lack of relevant laws and regulations, the absence of effective regulation and the law does not explicitly assume responsibility, Once a dispute arises, the mobile phone users is difficult to pass an effective means to protect their legitimate rights, especially, as a finally means to protect civil rights, the mechanism of action neither has theoretical guidance nor has judicial precedents from the success cases. The garbage messages caught the attention of refuse, a growing number of jurists and legal workers have begun to consider the legal issues associated with garbage messages. The paper talked from the concept, based on the garbage messages of real life, identified general criteria to distinguish garbage messages, and divided it into four types: legal content type, illegal content type, fraud-property type and fraud-fee type, and analyzed the garbage messages into three major features : worthlessness content, a danger to society, wide-ranging impact ;the paper also analyzed the different legal liability under different transmission types, this created a theoretical basis for the exposition of the paper. In the second part, the author first analyzed the species of the civil rights which are violated by the garbage messages; the garbage messages have violated the property rights, the privacy, freedom tranquility, the right to life of peace, the right to protect personal information, and the consumer rights, the paper focused on the violations of the privacy right and the consumer right, then the paper combined civil liability theories to explain the telecommunications operator's responsibility for the identified violations, responsibility principles and exemptions , the identification of tort liability of the telecom operators and messaging service providers , responsibility principles and exemptions ,try to provide a theoretical basis for the message disputes. At last, the paper gives the author's view on amend and improve laws and regulations, implementation of the real-name system for mobile phone and to strengthen the technical responsibility of the telecommunications operators. Unlike other papers, the main features of this paper is that it start from the basic theory of garbage messages, combine hot theoretical disputes and judicial practice blind spots, it gives its own points of view, this made it more convincing.