The Legal Regulation Of The Mobile Phone Spam Messages In China

In recent years, China’s mobile communication services market continues toexpand, while the phone is always the problem of spam messages restrict thedevelopment of mobile communication services is a major obstacle. From2008,2009,2012CCTV "3.15show " concern for cell phone spam messages point ofview, mobile spam messages remains an important issue needs to be urgentlyaddressed in the telecommunications industry. It should be clear that SMS is essentialto modern life communication, SMS service has broad market potential, not becauseof the problem of mobile phone spam messages and phone messages to the " one sizefits all " approach to regulation. On the one hand, on which the mobile advertisingmessages should be regulated in order to promote their healthy development; theother hand, contrary to national laws and regulations relating to prohibition of cellphone spam messages, such as fraud, violence, horror, pornography and othermessages, then need to crack down.Have been introduced from the normative documents related, although thetelecommunications regulatory authorities in dealing with the problem of mobilespam messages made various efforts, but the problem is still rampant spam messagesthe phone, did not meet the purpose of better regulation and protection of rights andinterests of mobile phone users. Firstly, in order to introduce a general knowledge ofphone spam messages as a starting point, analyzes the concept of mobile phone spammessages, characteristics,nature of leagl, methods generated spam messages fromthe phone interpretation legal level; Secondly, analysis of China’s mobile phonespam messages Law Status of regulation, and summed up its shortcomings; onceagain on foreign phone spam messages legal regulation to sort, summarize therevelation of China’s mobile phone spam messages legal regulation; Finally, fromreality, respectively, from the legislation, law enforcement, judicial, industry makerelevant recommendations to improve self-discipline organization.In addition to the introduction and conclusion, this paper includes the following four parts.The first part of " general knowledge mobile phone spam messages ", startingwith general knowledge SMS to proceed, summed up the concept of mobile phonespam messages, clear the subject and scope of this paper to regulation; through theanalysis of cell phone spam messages characteristics, specifically its the basic kind ofstate; from the home and limit the powers of the properties were analyzed cell phonespam messages that mobile phone spam messages unlawful and unreasonable;summarizes the four way phone spam messages sent to pave the way for the followingconduct.The second part is " China’s mobile phone spam messages status and lack oflegal regulation," organize a large number of normative documents for analysis, thinkof today’s normative documents are many and complex, different subjects, differenteffect, uneven, not conducive to China’s regulation of mobile spam messages;through legislation, law enforcement, judicial, industry organizations andself-discipline analyzes the shortcomings of China’s mobile phone spam messages.The third part is " foreign mobile phone spam messages Legal Regulation and ItsImplications ", introduces the advanced telecommunications services in severalcountries on the phone spam messages to regulate the main ways: through legislativeregulation, establishment of specialized agencies responsible for monitoring andcomplaints protection of personal information, phone real name systemimplementation. Drawn from the experience of several of these advanced handsetsmeet the Enlightenment of the legal regulation of spam messages.The fourth part is " to improve China’s mobile phone spam messages suggestedlegal regulation," and proposed to improve legal regulation of mobile spam proposalsfrom legislation, law enforcement, judicial, industry organizations andself-discipline, respectively. At the legislative level should gradually adopt a gradualapproach first proper use of the existing laws and regulations, after using the"Telecommunications Act " special chapter and with the relevant supportingmeasures; law enforcement should have a unified law enforcement body, strengthenthe policy of the executive guide; judicial proceedings required to reduce the cost of mobile phone users that the plaintiff, in the allocation of the burden of proof shouldbe divided by the strength and the introduction of a class action to spam messages onthe phone to the proceedings; industry organizations should play an industryself-regulation effect.