Research On The Right Infringement Problem Of Mobile Message

With the rapid development of the modern telecommunications, the mobilephone has already replacedthe fixed-line telephone and become the main means of communication. Based on the statistics of thenational MIIT, till the end of January,2014, the amount of the cellphone user in China has arrived12.35billion. As one of the common communication service mode of mobile phone, phone message has becomean important way depend on its convenient and efficient and lower price to the emotion and informationcommunication among people in their life. The message has become the fifth media after the broadcast、thenewspaper、the Internet and the television, its market and industry are also said to be thumb economy.However, the phone message bring the convenience to the communication of people, while it also bringhuge inconvenience and disturb. Some criminals send some messages including sales advertisement anddeceptive advertising and blue jokes and violence, which make the accepted users experience the differentlevels of invasion on their civil rights and interests including the right of privacy、health、property、freecommunication even their emotional rights, in this case, message has become an instrument of doer toinfringe people’s right. With the increasingly rampant of the message infringement cases, the messageinfringement problem has become an social and economic problem that can not be ignored, how to regulatethe message infringement effectively has become a hot spot of the world in recent years. With an eye to thissocial problem and based on the theoretical principle of law of torts, the author integrate the existingrelevant regulations and analysis the nature、the character、the subject、the object and the responsibility ofmessage infringement, meanwhile, using the overseas experience and seek the law routh to resolve thisproblem. The thesis including four parts:The first part: Begin with the definition of the infringement act technically, and analysis its nature andcharacter. The author discussed the nature of the infringement as an general tort by the comparativeanalysis on the component of general tort and special tort. Meanwhile, this part also expounds thecharacters of the message infringement, i.e. the concealment of doer、the university of victims、the diversityof object types、the convenience of the complement and the concealment of the executing process. The second part: Give a detail introduction of the subject and the object of the message infringement.Concretely speaking, the subject includes the telecom operators、the information servers and the commonphone users; the object includes many civil rights and interests such as the right of property, privacy, healthand the copyright that the consumers should enjoy and the self-chosen right.The third part: analyze the responsibility of message infringement.This section discusses the problemfrom two aspects: one is liability of message infringement. For this problem, the author combines thedifferent cases of message infringement in real life, according to the provisions of the relevant laws,analyzes the responsibility of the corresponding obligations subject;The second is the applicability ofresponsibility messaginginfringement.This part combines the relevant theory of tort liability law, mainlyfrom the messaginginfringement imputation principle, the burden of proof, responsibility and liability fouraspects are described in detail.The forth part: discus the governance of messaginginfringement.This part introduce the measures ofprevention and control of messaginginfringementfrom abroad, summarizing China’s regulations onmessage infringement,and thenanalyzing the existing regulations deficiency in China, namely: adjust themessage of tort law is less, targeted poor;the content involves that the adjusting message tort law fileeffectiveness level is low, and is not a system.Then put forward some ideas to improve the message tortlegislation in China on the basis of learning from foreign experience, such as Improving the existingprovisions of the civil law of our country, strengthening the protection of personal information,implementing the real-name registration system, Additionaling qualification registration system,in order toget a healthy and orderly environmentn in our country.