The Analysis On The Civil Protection About Usufruct Of Mobile Phone Number

Right is a developmental concept,which adjusts its content because of social change and legal development.With the advent of the mobile internet era,many mobile phone applications and Third-party reservations to verify the way the phone number and its users to establish an increasingly close relationship,but also accelerated the formation and development of the use of mobile phone numbers.Users of the use of mobile phone number is increasingly important,but so far,the legal provisions for the use of mobile phone numbers is not comprehensive,and only the lower level of regulations or documents to standardize,for the protection of the use of mobile phone number is more lack of institutional support.The main purpose of this paper is to analyze the right nature and the content of right to use mobile phone number,and to discuss the civil law protection mode of the use of mobile phone number.This article is divided into seven parts:the first part of the general introduction of the mobile phone number of the civil law,although the mobile phone number is not a physical entity,but it does not belong to the virtual property,but a civil law.The second part analyzes the ownership and right ownership of the mobile phone number.Mobile phone number is a limited public resources,the State has the ownership of mobile phone numbers,and through aunified management and distribution,so that mobile phone numbers for the public service.Therefore,mobile phone number users have limited access to mobile phone numbers.The third part of the protection of mobile phone number of the need to use the analysis.By analyzing the increasingly close relationship between user and mobile phone number and the vulnerability of right to use rights of mobile phone number,this paper puts forward the contradiction between the important value of the use of mobile phone number and the inadequacy of current laws and regulations,and points out that it is of great significance to protect mobile phone number.The Forth part analyzes the theory of the use of mobile phone number.At present,around the right nature of the use of mobile phone number of the main contract claims theory and the new personality rights theory,contract claims theory that operators have the right to use mobile phone numbers,and through the telecommunications service contract will be transferred to the price of the user,operators to provide telecommunications services to protect the normal use of the user Therefore,the user's mobile phone number is the right to use the first contract claims.The new personality right theory holds that communication is the embodiment of human sociality,is the basic demand of people,the use of mobile phone number embodies the interests of the user's personality,so the use of mobile phone number is a right of personality.The author puts forward objections to the above two theories.The fifth part puts forward the theory of usufruct of mobile phonenumber.The author thinks that the use of mobile phone number is not only a kind of creditor's right based on the ownership of the property,but a right of usufruct which accords with the basic characteristics of usufructuary right.In the sixth part,author refers to the right content of usufruct,the right content of the use of mobile phone number analysis.The seventh part is from the civil law angle to discuss the protection method of the mobile phone number right of use.Because the use of mobile phone number is a usufructuary right,the author thinks that the Civil law protection of the right to use the mobile phone number can draw lessons from the civil law protection of usufruct or real right.In this paper,the author makes a detailed analysis on the protection of two kinds of civil law by using the protection of property right and creditor's rights.