The Legal Regulation On The Spam

The spam problem is one of many new problems which are brought by the development of network technology and the popularity of network applications in the life of society. Spam increasingly spread to the community, causing huge losses, while technology and means of self-regulation have proved to be unable to meet the needs of spam governance. Legislation system has been inevitable.On the basis of the analysis of the present situation of the junk mail, this thesis defines the spam, make a comprehensive analysis of the civil rights and obligations to the people who participate in the spam problem, give some suggestions of the private law.This thesis is structured as follows: Firstly, the article analyzes the essence of the spam; make a clear definition of it: all the E-mail which is sent to the user's E-mail box without any agreement, breaching user's will, is the spam. Secondly, the network server space and the e-mail space are all properties. Essentially speaking, they have the same nature to the practical property, which are independent and are also a kind of "object". Thirdly, this thesis definitudes the nature of the infringement of the spammer that they violate the network service providers and the e-mail recipients' property rights, which is essentially the same to the traditional rights of the property , can use the traditional civil law to the relevant provisions of regulation; Finally ,in the comprehensive analysis of the national spam legislation based on the success or failure of the system, China's problem of spam legislation put forward several proposals should be the essence of the spam, establishing server space and e-mail space the legal status, clear legal relations between the parties to the rights and obligations , we should take the special and effective laws regulatory measures to bring about the problem of spam effectively curbed.