Reseacrh On The Right Infringement Problem Of Mobile Message

With the rapid development of communication technology in China, the mobilephone has already overtaken fixed telephone become people’s main tool ofcommunication. We have1.1billion China Mobile phone users in the year2012.Mobile phone short message as a kind of communication service, popularity with itsfast, convenient, cheap advantage in daily life has become the first choice of people tocommunicate feelings and exchange information. Message has been called the "fifthmedia" after newspapers, radio, television and network. But, the SMS also bring usthe enormous influence, advertisements, commodity sales promotion, violencemessages appear, infringement of the majority of mobile phone users privacy andproperty rights and civil rights. The problem of the mobile spam message has becomean important issue. Abroad, especially in Britain, Germany and the United States andother counties for mobile phone spam messages to our mobile phone users to theharm and the impact of social economic order, have formulation of civil rights cellphones to obtain the safeguard, the social and economic order to stability, andachieved good social effect, worth our country to reference.SMS infringement mainly has two types: the short message service tort and thecontent tort. SMS tort has tort mode diversity, tort of concealment, subject to thediversity and uncertainty, the victim’s universality and tort implementationconvenience etc. Anyhow, SMS, with its special advantages bring convenience inpeople’s life, but also bring to the mobile phone users a certain economic loss andspiritual damage. In order to protect the legal interests of the mobile phone users,maintain social orders good, our country should through relevant legislativeregulation formulating and perfecting the laws and regulations of the mobile phonespam messages. Meanwhile, telecom operators should abide by the state laws andregulations. The general consumers should raise the awareness of prevention; activelycooperate with the relevant state department combating illegal action mobile spammessages. Through these methods, protect mobile phone consumers’ legitimate rights and interests jointly.This article, through expounding the concept, characteristics, classification of themobile spam message, analyzing the components of the tort, the principle rules ofSMS, by learning from order countries legal regulating cell phone spam messageswith reasonable measures to present laws and regulations, puts forward somereasonable suggestions to effectively control in Chinese mobile phone spammessages.