The Research About The Problems Of Right Infringement Brought By The Spam Messages

SMS(short message service),which is a kind of new telecommunication sercives brings a lot of convenience to us ,and to some extent, SMS is the most fasion service the communication carriers apply to us. However, as a newly-born thing, SMS has some shortages, such as the spam messages. We enjoy the convenience that SMS provide us, at the same time, we have to tolerate the invading spam messages. I still remember that CCTV exposured the Focus Media had sent lots of spam messages to us cellphone usres last year. And from then on, the spam messages became distesteful things. A year have passed, the spam messages did not clear away from our life, on the contray, they changed their forms ever now and then, and intensified their effort to infringe our rights. What's more, the 2009 "3·15" evening soiree exposured that some telecommunication carriers sold the private information of cellphone users and sent a lot of spam messages to make money. So the spam messages are not only things which disturb our cellphone users, but also things to infringe our rights, such as property right, privacy,the right to freedom of communication and so on, what's worse,the social problems which were brought by a leak of the privacy, for example, a mess order of the public life, espcially get on our nerves. So it is nessisary to take a comprehensive treatment on the spam messages. In this paper, the writer starts with some kinds of spam message we cell phone users usually accept, and elicits five common characters about these messages. They are non-sense of the content, illegal content or the content get out of line or fefer to advertisement, big influence, the way of acception breach the users' subjective purpose and infringe users' rights objectively. Then the writer analysis the species of the civil rights which are violated by the spam messages; they have violated the property rights and personal rights such as the rights to life of peace and health, privacy,the right to freedom of communication and so on. And then by analysising the way of spam messages sending to find the why these messages overrun. At the same time ,the writer combinds with the civil law theory to identified violations, responsibility principle and the some problems in the spam messages disputes. The last but not the least, this paper gives the writer's view on amend and improve laws and regulations, stengthen the technical responsibility of the telecommunication carriers, self-discipline of the telecommunication industy and enhance the cell phone users' consciousness of self-protection.