Social Harm And Legal Responsibility Of Information-harassment

As human society entered the information era, the total amount of information became expanding, the ways of transferring information were more and more rapid and convenient. On the one hand, a steady stream of information not only greatly promote and stimulate the development of social production, but also improve people’s lifestyle, philosophy of life and quality of life. Now we can stay at home and get aware of world affairs, control the production and circulation of goods. On the other hand, the harassment of overwhelming information not only seriously affect the accurate judgment of the people on the social production and life decisions, but also greatly interfere with people’s simple and serene life. Therefore, the society should establish a scientific definition of information-harassment identification standards, and a scientific and rational system of information on harassment liability. It will be of great significance both for the protection of the legitimate dissemination and rational utilization of information, and for the strict prohibition on information-harassment in order to restore the previous normal production and life order which have been broken. Therefore, more advanced and complete countries in the world such as Germany have made information-harassment into the adjustment range of the Anti-Unfair Competition Law in recent years. And they made more clear definition on how to adjust the information-harassment separately from the legal definition, constitute the elements of legal liability and applicable exception. And looking at the Anti-Unfair Competition Law in China, our country has not made clear and specific rules on information-harassment so far. In view of this, this paper take "social harm and legal responsibility of information-harassment "as the topic. I try to make a discussion on how to build our information-harassment legal liability system which is based on the introduction and evaluation of the advanced experience of the Anti-Unfair Competition Law in Germany and other countries to adjust the information-harassment. Hope it can be beneficial to the establishment of the Anti-Unfair Competition Law in China.In addition to the Lead and conclusion, the full text is divided into the following sections:The first part clarifies the manifestation and social harm of the information-harassment. Although there are a variety of manifestations of information-harassment, and they are innovating constantly with the development of science and technology, yet the most common ones are:Junk e-mail; junk SMS; network pop-up advertising network garbage; harassing phone calls, fax and other harassment way. The harm of information-harassment to the society is mainly reflected in the following areas:Seriously wastes information resources, resulting in huge economic losses; endangers the order of market competition, which makes an adverse impact on market competition; violates the legitimate rights and interests of consumers, affecting the health of the consumer lifestyle. The object of information-harassment is complex, and makes diverse social consequences.The second part focuses on the standard of harassment information and the difference between harassment and proper information. The subject of information-harassment is market operator. The operators send the harassment information for commercial purposes. Operators send harassing messages, without consumers’prior request or agreement. The object of information-harassment has the characteristics of complexity. It makes a diversity of social consequences. Harassment information and the proper information has both contact and obvious differences.The third part discusses the legal value and social reality of prevention information from the harassment. Legal value to prevent the harassment of information is mainly reflected in the equity, efficiency, order and protection of consumers’interests. Social reality to prevent the harassment of information is reflected in the following areas:It is the inherent requirements of the socialist market economy. It is the inevitable result of the State to exercise economic functions. It is conducive to fully protect the legitimate rights and interests of consumers, reflecting the economic law to tilt the value orientation for the protection of vulnerable groups. It is conducive to a balanced social distribution of benefits, to promote the coordinated development of the interests of the subject of economic law. It is conducive to the establishment of good order of market competition, to help establish and improve the socialist market economic system. It is conducive to the comprehensive, coordinated and healthy development of socialist material civilization and spiritual civilization.Part IV discusses the legal prevention and liability of Information harassment. The Legal Protection of information harassment should proceed from the following aspects: Establish and improve the relevant legislation on information harassment. Strengthen the administrative supervision of the personal information and communications market. Promote uniform international legislation, and strengthen international cooperation. As far as the information of harassment liability is concerned, the definition on the subject, object and content of the information-harassment must be strict and scientific. We should also define the legal form of liability information-harassment in a scientific and rational way. The form of liability on information-harassment should include civil liability, administrative responsibility and criminal responsibility. In addition, accountability mechanisms and liability should also be established.