Normative Analysis On Tort Liability For Garbage Message

As china's economic development, the mobile phone is no longer the "luxury" symbol of the era and becomes a full element in the modern times. SMS as a subsidiary part of communication in just a few years has been at a kind of high speed in the alarming development. Mobile communication technology and the rapid development of mobile phone penetration rate of increase more rapidly growing mobile phone messages to be many people of all ages. When we are enjoying the convenience and happiness from communication messages ,at the same time, the various spam is also followed, whose contents with a broad scope range from making friends to chat, providing pornographic services and reselling cars, firearms, ammunition and false information. Therefore, basing on all that mentioned above , the author attempt to access to the solution for regulation of the spam by analysing the tort theory, to the background of China's existing laws, norms of spam tort principle of attribution of responsibility to actively seek spam tort relief of passers-by and governance strategy.Chapter 1, firstly based on message content and status monitoring to identify and correct the definition of garbage message distinguished from other ordinary message. Secondly,taking the general elements of the statutory violations as the breakthrough point and China's current laws,regulations relating to tort law as as the context to normative analyze the main parties in tort of garbage message.Chapter 2 is the interpretation of specific garbage message sorted by violating the fundamental rights of citizens and their properties, relying on the current status of China's governance for garbage message, seeking the complicated aspect for Governance to garbage messageChapter 3 is a comprehensive exposition of the principles of tort liabilityf,then to conclude the applying principle of liability for tort liability for garbage message,to analyze the parties related to the specific interests in garbage messages and clarify the tort liability and the one for breach of contract.Chapter 4 is to return to our current legal system once again ,making the legal strategy for infringement in garbage message. then we should take the current laws as the main body, adding the necessary legislation and judicial interpretation, supplementing new laws with the active act for administrative organ and the profession self-discipline.