Construction Of Communication Carrier’s Civil Obligations In The Telemarketing Scam

Due to deliberate modification of caller identification through advanced telecommunication equipment such as Number-changing Software, users of telecommunication services could be misguided, and then swindled by frauds. Such type of criminal activities, often known as telemarketing scam, is become increasingly fierce recent years. In most cases, victims of telemarketing scam have suffered from a great property loss. Based on the civil legal relationship, there is no doubt that wrongdoer of this kind of frauds shall be held liable to property loss; whereas, whether the Communication Carrier who provides communication services shall bear civil liability is still much debated. As a general rule, prerequisites of taking responsibilities are behaviors of subjects. Therefore, this article tries to walk through each link of process of fraud and extract behaviors of Communication Carrier by analyzing typical cases. Besides, under the framework of constitutive requirements between responsibility for breach of contract and liability for tort, this article builds upon the basis of analyzing the Carrier behaviors.This article can be divided into five chapters. The first chapter is introduction of the topic, which summarizes social impacts this type of law cases inflict on and presents a brief description of academic research status of whether Communication Carrier should bear civil liability. Additionally, it prescribes a linii’on intension and extension of some concepts. The second chapter focus on two typical cases as, this chapter attempts to sort out the process of fraud and extract correlated behaviors of Communication Carrier and to analysis the straits faced by the court to make the Communication Carrier take responsibility under the current law. The third chapter pays attention to constructing Communication Carrier’s responsibilities for breach of contract. Given analysis of relative obligations of Communication Carrier and standards of obligation fulfillments, which combines Communication Carrier’s behaviors just presented before, Communication Carrier should be liable to breach of contract under the laws. Additionally, from the point of Infringement of Debtor’sRight, the third party’s influences on responsibilities for breach of contract are definitely involved; as to the extent of compensation of responsibility for breach of contract, analysis is caught through both positive laws and theory of pure economic loss. The fourth chapter mainly discusses how to build tortious liabilities of Communication Carriers. Using behaviors of Communication Carrier as clues, this chapter provides a comprehensive analysis about infringements of different kinds of users’ rights caused by different behaviors of Communication Carrier. Furthermore, by virtue of those behaviors, Communication Carrier, along with the fraud doers, shall undertake tortious liabilities of property rights and freedom of correspondence, as well as responsibilities of violation of security obligation. The fifth part analyzes competition and cooperation of civil liabilities of Communication Carrier, which are limited in responsibilities for breach of contract and liabilities of tort in juridical practices.