Research On The Legal Regulation Of Mobile Phone Pre-installed Software

As smart phones,people can never leave home with the family member friend voice or video chat,great convenience for people's communication also enrich people's spiritual world.Smartphones,however,in addition to the factory with a part of the mobile phone software pre-installed,in the sales link has also been a lot more pre-installed software installation,an operator smartphone software pre-installed because its quantity and unloading,installation has many characteristics,such as mandatory part of the malicious software operation,seriously violated the consumer rights.About mobile phone software pre-installed exist many problems,at present although industrial informat ionization department issued by the relevant notice,although issued administrative rules,for mobile pre-installed software to regulate the actions of the operator,but phone pre-installed software running malicious violation of consumer rights phenomenon does not reduce.Therefore,in urgent need of relevant laws and regulations related to mobile phone pre-installed software to further improve.This article from the four parts analysis the legal regulating of the mobile phone software pre-installed problems and corresponding solution measures are put forward.The first part elaborates on the characteristics of the mobile phone software pre-installed and parts of mobile phone software pre-installed malicious operation on consumer rights violations.The second part of mobile phone software pre-installed legal relationship main body is analyzed to interpret the legal relationships between each main body.The body of the cell phone pre-installed software have two parties,the parties are operators and consumers,party's government.The legal relationship between different subjects have a principal-agent relationship and business relationship.The third part is about the present situation of our country the legal regulating of the mobile phone software pre-installed is analyzed.The fourth part is to perfect the relevant legal regulation of mobile phone software pre-installed,respectively is to strengthen the self-discipline management of mobile software pre-installed Actual software pre-installed tort imputation principle and the main responsibility and cognizance tort liability form is to use principle of onus probandi inversion Consumers after phone pre-installed software infringement,consumers'rights and interests protection association can consumer public interest litigation and so on,with better planning healthy and sustainable development of mobile phone software pre-installed can better protect the legitimate rights and interests of consumers.