The Research On Property Rights Of China's Telecommunications Code Or Number

As a derivative in the development of the technology, telecommunications code or number have made a qualitative leap in the contact way between people, with an revolutionary change, a new type of social relations appeared. Because of the new social relations, traditional legal faced unprecedented challenges.This paper determine the code or number's nature as property,discusses systematically about the main body of property rights,content,circulation and so on. According to the type of infringement in practice, this paper put forward the protection mode.To this, the paper will be divided into five parts.The first part define the concept and attributes of the code or number, and laid the foundation of the whole text. The code or number has broad sense and narrow sense, our country lawmakers favoured the broad sense, but this paper agreed with the narrow sense. Namely, comprised by telephone number and mobile phone number. This part mainly discussed the natural attributes and legal attribute of the code or number.Natural attributes including objective reality, service intangibility, replicability, usefulness,anaclisis.The legal attribute mainly includes valuable, scarcity, controllable and negotiable.Next to the first part,The second part discuss the legal attribute on property rights of the code or number and the basis on legal and theoretical. The property rights of the code or number has four characteristics, as invisibility, exclusiveness, qualitatively determined and regional.The criminal law,the telecommunications regulations and the telecommunication network code or number resource management method,and other relevant regulations, all constructed the indispensable legal basis of the property rights on code or number. In addition, in theory, the labor value of Locke provides support to the property rights of the code or number.The third part mainly discuss the content about the property rights of the code or number and how to perform the rights.In addition to operators and telecom consumers, the body of the usufruct also including special telecommunication network unit, government departments, community groups and other institutions and enterprises, etc. The user obtain the usufruct generally through the "license" not "holds", and is not exclusive and droit de suite.The main body of the ownership is the country. the state as the ownership of the code or number,there is a good reason and realistic foundation, but various restrictions also existed in the process of the right exercise.The fourth part further discusses the property acquisition and circulation of the code or number.The obtained of code or number property including original form and successive form. The main way of the original acquisition is legal made, and the ways of the successive acquisition mainly include contract, assignment, auction and inheritance with certain conditions. In the process of property rights transfer, the circulation object is usufruct. In the transfer process, there has formed the mode of administrative assignment, which as a representative of the primary market,and the mode of distribution in circulation market, as a representative of the secondary market. There is a big difference between the leading subject, management measures.The fifth part mainly introduces the civil responsibility that infringe upon the property rights of the code or number.It is necessary to establish relieve system of tort. In practice, the tort to this property rights is special.,such as special violation form,diverse tort types and tort is high technological. The constitutive requirement of this civil liability aslo include four elements,that is subjective fault, violations, damages and causal relationship.The main means of undertaking tortious liability include to stop the infringement and property damage compensation, the scope of property damage compensation includes infringement directly caused by tort and the loss between interrupts.