Comparison On The Legal Regulation Of Mobile Phone Spam Messages Between China And America

At present, China has owned more than one billion mobile phone users, SMS facilitates rapid development of China’s economy. SMS is widely used to bring convenience, but it also increasingly highlights some negative effects, and we have to face the harassment of spam messages every day, from the pornography, gambling, winning fake, fake dating to now all kinds of spam. Its impact is growing. Some criminals use spam messages for fraud, theft and other activities, so Chinese vast number of mobile phone users has received great harm and distress.However, China has not yet formed an effective legal system in spam messages governance. In other countries, especially the United States, the government reduces the adverse effects of spam messages to mobile phone users and the social and economic order by the development of advanced, sound legal system. In order to protect the legal rights of China’s mobile phone users and maintain good social and economic order, it is necessary to learn from foreign spam messages governance experience of mobile phones and improve Chinese legal governance system of mobile phone spam messages from regulatory legislation, law enforcement to rights perspectives.This paper is divided into three parts, the first part mainly expounds the origin, definition and classification of spam messages, and the social harmfulness of spam messages are analyzed. The second part of the legal regulation on Sino US mobile phone spam messages are analyzed. That there are similarities between the two countries in the legislation and application of space, the way of law enforcement, industry self-regulation, and Realization of the difference in the legislative level, law enforcement and punishment, awareness of rights and rights. The result showed that there are more Chinese legislation, low rank and gaps in law enforcement elements incomplete and punishment, self-discipline, lack of intrinsic motivation and lack of supervision, lack of awareness of rights and litigation difficult four problems in the regulation of cell phone spam messages, the third part puts forward perfecting the legal system of the mobile phone spam messages. Mainly divided into the following four aspects: perfecting the relevant laws and regulations, strengthen law enforcement, strengthen self-discipline, enhance public telecommunications rights awareness. In the process of writing this article adopts the research method of literature retrieval, analysis and comparison of empirical investigation.