Research On The Legal Problems Of Spam Message

As a production of information age,the mobile phone short message has had a great influence on the operation of the society and people's life in many aspects from the beginning.With the development of science and technology in recent years,the mobile phone is no longer a luxury,but people's living necessities.The service of short message is becoming more and more various,making the communication and people's daily life more and more convenient.In addition to communication this basic function of short message,people can also get information about news,weather,medical and some others via short message.Still,through short message,people can make the reservation of hotel,tickets,meals,and complete the payment of other activities.Finally,people can enjoy the game,ring tones,pictures,electronic books and other entertainment services by short message.It is important to notice that short message has also resulted in non-ignorable harm on people's life.Spam message is one type of short message.Its generation and transmission has brought various damage to the state,society,enterprises and individuals.For example,some spam messages contain the content which is not conductive to the national unity,and the content of criticism to the existing national system and the harm to the friendly relationship between different ethnic unity,which will do harm to the security of our country;some spam messages contain the content of violence,pornography,superstition,fraud and some others,which will distort the mainstream of morality and value,advocate the adverse general mood of society,make damage to social order;some spam messages will result in the increase of operating costs and maintenance costs and harm the reputation of telecom companies;some spam messages will do harm to people's rights of property,privacy,health and other legitimate rights and interests.Although,China has been handling this problem from the aspects of the legislation,the judiciary,the law-enforcement and the industry self-discipline,it didn't achieve a good effect due to the imperfect laws,the lack of supervision and other problems.Some countries abroad,such as the United States,Britain,Germany,and Japan,all make measures to solve the problem of spam message and have achieved good effects in protecting the security of country,the stability of society,the legitimate rights and interests of enterprises and citizens.This is a worthy reference to China.In the first part of this paper,the author tries to analyze the concept of spam message based on the study of predecessors' existing theory in order to make the regulating object and its scope clear.Furthermore,the author fully analyzes spam message's main characteristics,major forms and harms,hoping to raise awareness of the spam message's related issues.The second part is about the present situation of our country on handling the problem of spam message and the deficiency,such as the imperfect of the existing laws,the lack of special laws,the light punishment,the ambiguity of the law enforcement's main body,the unreasonable ways of the industry self-discipline,and so on.The third part focuses on analyzing some foreign countries' s present situation of handling the problem of spam message,such as the specific legislation on the spam message,strengthening the protection of personal information,increasing the intensity of punishment,setting up specialized agencies to regulate the spam message,the implementation of the real-name registration system and so on.Then,trying to draw enlightenment to our country.The last part is about the suggestions on how to handle and prevent the problem of spam message,involving the legislation,the judiciary,the law-enforcement and the industry self-discipline.