Research On Mobile Phone SMS Infringement Torts

In recent years, with the rapid development of China's mobile communications industry, mobile phone short message service(SMS) for its use convenience, quickness, lower cost and other characteristics, has gradually become one of the main communication means for people to communicate each other. In the meanwhile, due to be repeated abuse, some spam messages with illegal information, beguilement, and sleaziness have excessively proliferated. The message or its sender's behavior directly infringes on people's legal rights in a certain extent, disturbing social order and affecting the healthy development of the telecommunications market. Therefore, it is necessary to make some detailed analysis and research on the mobile phone short message communication in the domain of tort law to regulate problem of short message and the service market, purify service environment, and protect the user legitimate rights and interests.According to the basic theory of civil tort and relying on our current related tort laws and regulations, in this paper the author begins with the basic features of the mobile phone SMS, expounds the mobile phone SMS torts and its imputation principle in the SMS domain, and would solve SMS infringement question by putting forward some measures and Suggestions.Firstly, based on the development of perspective the author redefines the SMS, analyses the main business types, mode of transmission and popular reason, summing up the four important features based on this text. Secondly, combining with some typical cases in recent years and mobile phone SMS complaints situation, this paper will divide SMS infringement into two major types:one commonly exists in the mobile phone SMS service of dissension, the other is about mobile SMS content infringement question. The author emphatically analyzes the main reasons of spam messages flood, and points out that SMS infringement has the characteristics of the convenience, concealment of the victims, universality and tort object diversity, etc. Thirdly, based on the general tort statutory constitutive requirements as the breakthrough point, According to the relevant provision of our country's current laws and regulations, the paper emphatically analyzes SMS tort object, subject, and comprehensively expounds its infringement constitutive requirements, imputation principle and burden of proof. Through the argumentation of this part, the author fully analyzes the relevant interests parties spam messages, clarifies the spam messages tortious debt, breach of duty, and clarifies the tort liability of the subject. At last, the author once again reconsiders our current legal system, and puts forward some solutions to solve the SMS infringement problems. Based on current law as the subjects, we should perfect legislation, establish and perfect the SMS management aspects of legal rules and regulations; establish and perfect the administrative supervision and management system, strength judicial punishment strength; strictly implement the " Real Name System" of the mobile phone net and intensify the strength of management of the phone number; strengthen positive guidance, advocate the self-discipline, promote consumer's legal awareness enhancement. In sum, only by making a set of integrated measures to fundamentally solve SMS infringement question, can we promote message communication industry in healthy and sustainable development.