Research On The Problem Of Spam Infringement

The birth of the world’s first mobile phone is dating back more than 40 years. The mobile phone also experiences a number of renewals. Mobile phone brings lots of convenience to people, at the same time, it also brings negative effect. Mobile phone spam is a kind of social phenomenon, but as more and more of the problem is caused by the infringement, even when, mobile phone spam gets into the law field. Based on the existing legal and theoretical basis, by means of questionnaire, the article surveys the problem of mobile phone spam infringement. Explore the reasons and solutions for the reference by existing data.This paper is divided into three parts. The first part mainly introduces the purpose, methods of questionnaire survey, and interprets the results of questionnaire survey of mobile phone spam tort phenomenon. The questionnaire has chosen a peaceful right of citizenship as the introduction, in order to point out the problem of mobile phone spam infringement, and the characteristics of infringement. The conclusion of the survey is that the spam violates the rights of peaceful right, property right, privacy right and the right of personal information; problems of mobile phone spam tort are the infringer not easy to determine, and the hidden tort behaviors. Other characteristic is a wide range of victims.The second part expounds the causes of the problem of mobile phone spam tort. Based on the questionnaire and finding a large number of literatures, analyzes the reasons from the aspects of law decision, the administrative supervision, system and the audience’s themselves of consciousness. The legal aspects of the reasons refine on legislation and judicial problems. A blank or the absence of legislation is that peaceful right and the right of personal information has no legal status. The legal basis is not sufficient, and the special law system in our country is still not there. In the administrative supervision aspect, it is mainly because the basis operator is not to fulfill specific obligations and the competent authority is lack of effective supervision.The implementation of real name system for mobile phone is not good, lacking of supervision, and lacking of control of the technology products trading behavior. There are two reasons for the system aspect, reflecting in the complaint reporting system. Receiving complaints subject is not neutral or no substantial processing power. Reporting procedures are too cumbersome. Reporting processing results are not open or remain to be perfect. The second is the weakens of punishment system. Penalties object are not distinguished. Another reason is the small amount of money punishment. Deterrence is not enough. And the punishment does not match the profit. The audience’s own aspect refers to the lack of audience prevention and awareness of rights.The third part is the legal regulation of mobile phone spam. Based on the research about the reason, puts forward the corresponding countermeasures.