China Laws And Regulations Of The Short Message System

Since the beginning of the 21st century, our country' s motion operation business promoted the short message service for the first time, not only the high speed development of the short message service profession has brought the huge economic efficiency, but also changed the way of day-to-day communication. But in the last few years, the following endless cases caused by short message infringement and breach of short message service contract damaged the interests of users of mobile communication seriously and almost destroyed the good reputation of mobile operators which has been hard earned. Among them, the outstanding performance of infringement is the spam messages violate the civil rights of citizens. This paper analyzes the status quo, elements of tort liability, subject and the object of the short message infringement, thereby infringing messages to refuse the attribution of the principles and accountability. In order to put forward the accountability and the responsibility of Spam messages infringement. The outstanding performance of the short message contract is the mobile operators breach the contract agreed by the parties and damage the users' contract rights arbitrarily. This paper analyzes the concept, nature, establishment, as well as the rights and obligations of the contracting parties of short message service contract, to raise the responsibility approach of mobile operators.Because our country has no specific legislation for the short message currently, Practice of the relevant provisions of "General Principles of Civil Law" , "Contract Law" , "Consumer Protection Law" and "Telecommunications Regulations" can not achieve the desired effect on the short message issue, So specific legislation for the short message has become a urgent priority. After civil law analysis on infringement and service contract of the short message, and combination of China' s lack and foreign experience of the short message legislation, This paper make useful exploration on the form and content of legislation on China' s short message. The author believes that the development of sector regulations is the most viable option, Content in the Legislative Council, Make recommendations such as establish mobile phone real name system, improve the protection of personal information users, set up a registration system for the qualification of service providers, regulate the ordinary user' s use of short message, increase the punishment on spam messages, clear contractual obligations of mobile operators, enhance responsibility of mobile operators to service providers for administrative supervision, and so on. On the final, I call that regulation will be combined with the moral law, administrative, technical coordination of the measures, and I believe that through joint efforts of all sides, there will be a healthy and orderly environment of the short message service market.