Research On The Legal Regulation Of The Behavior Of Pre-set Application In Smart Phone In China

With the rapid development of science and technology,the smart phone occupies an increasingly important position in people's life,whether in work,or study,or entertainment,to bring users a lot of simple and convenient feelings.To a certain extent,smart phone changed the way of life,and has become an indispensable part of modern people's daily life.The use of the application is an important manifestation which differs smart phone from ordinary mobile phone.By using the applications installed in the smart phone,people can get entertainment,leisure experience which is different from the traditional feelings.In recent years,the use of the application is more and more widely,showing a personalized and comprehensive trend.However,the positive development of application in the smart phone brings new experiences,but also brings new legal issues.When consumers purchase smart phones,they often face some problems,such as,they don't know what pre-set applications in the phone,or some pre-set applications in smart phones cannot be uninstalled or exists malicious behaviors,this phenomenon is a serious violation of the rights of consumers in reality.Therefore,it is necessary to analyze the basic nature of the behavior of pre-set applications,and clarify the value orientation of the legal regulation of the behavior of pre-set application,and study the legal basis of the behavior of pre-set application.In reality,the behavior of pre-set application may be harmful,but the existing legal regulation of the status quo is still lacking in China,and it should be perfect on the existing legal regulation,and to seek a diversified approach to consumers' rights and interests.In order to analyze the phenomenon and behavior of pre-set application in smart phone,it needs to discuss its definition,classification,constituent elements and characteristics at the legal level.As the main body of the market economy activities,it is understandable to take the behavior of pre-set application for profit.In fact,the behavior of pre-set application itself is neutral.However,if the behavior of pre-set application makes the legitimate rights and interests of consumers as a victim,then it would be negatively evaluated in law,the implementation of the main body should bear the corresponding legal responsibility.In the current market environment,the legislation should be based on the corresponding theoretical basis,and balance the interests of the operators and the rights of consumers,and make the protection of the rights of consumers as the central value orientation.The illegal behavior of pre-set application is harmful to consumers,other smart phone operators,and normal market competition.However,the behavior of pre-set application in smart phone is the product of scientific and technological progress,so the current legislation is difficult to fully constrain it,which requires the analysis of the existing legal regulation,and there exists four problems: lack of regulation,administrative supervision,industry self-discipline and relief.In order to solve the above problems,it needs to put forward the countermeasures and suggestions on the legal regulation of the behavior of pre-set application in smart phones.First,the protection of consumers' rights should be taken as the core value orientation to strengthen regulation;secondly,the expansion of the relevant laws and regulations;third,strengthen administrative supervision and industry self-discipline;finally,adjust the evidence to break and smooth the relief channels,with a view to fully protect the legitimate rights and interests of consumers.