The Research On Tort Liability Of Phone Number Wrongly Marked

Marking the phone number is beneficial to the callee to know the identity of the caller in a timely manner,to quickly identify malicious harassment,telephone marketing and other calls,and to protect the public's information and property security and the public interest protection function is self-evident.At present,there are many software platforms with number annotation function on the market,but whether the phone number is marked with legality,what standard should be marked,how to seek relief and what kind of protection path should be applied after being wrongly marked,There are no relevant legal regulations and no uniform industry norms.In most cases,when the phone number of the marked person is infringed by the wrong mark,the victim has to bear the adverse consequences because of the complicated correction procedure and high cost of rights protection.Starting from the facts of the case,sort out and analyze the focus of such cases,and try to find a way to relief from the perspective of tort law.In addition to the preface,the main body of the article is divided into five parts:The first part,the question is raised.Beginning with three typical cases in which the telephone number was wrongly marked,after the introduction and analysis of the case,the focus of such case disputes was pointed out.Then ask the question: whether the subject of the mislabeled information on the telephone number bears the tort liability;if the infringement liability is met,the tort liability is borne.The phenomenon that the telephone number is wrongly marked is very common in daily life and has had a wide negative impact on the society.However,there is no specific legal regulation to regulate it,and there is no corresponding industry norm,which causes the loss of the labeled person's rights and interests.It is impossible to provide effective relief,so it is urgent to find a solution path from tort law.The second part is the basic theory that the phone number is wrongly marked.The second part,firstly analyzes the legal nature of the telephone number,and proposes that the telephone number can reflect both personality rights and economic value,and has dual attributes.Clearly labeling the telephone number is conducive to the protection of the public interest of the society and the legitimate rights and interests of the users,and has legal legitimacy.Secondly,it defines the concept that the telephone number is wrongly marked,and points out that its means of mislabeling is diverse and spreads widely.In most cases,it will cause the double damage consequences.Finally,the legal relationship involved in the mislabeling of the telephone number is sorted out,paving the way for the following discussion.The third part,the telephone number is identified by the wrong infringement liability.First,the principle of imputation of the wrong number of the telephone number is introduced.Due to the inferior position of the marked person,it is more appropriate to apply the principle of presumption of imputation.Then analyze the infringement responsibility component of the telephone number wrongly marked,and discuss it based on the four elements.When identifying the fault of the number information labeler,the number information labeling platform shall have reasonable duty of care and information review obligation when actively marking.When receiving the appeal,it shall promptly suspend the labeling,otherwise it shall bear responsibility for its own fault.The number information indicates that the user is strongly liable if he intentionally mislabels it.In the analysis of the consequences of the damage of the labeled person's rights and interests,according to the previous cases,the three aspects of reputation rights,privacy rights and personal information are discussed.When it comes to reputational infringement,the constituent elements should not be limited to the damage of the facts.Whether or not the damage mark information is known as a criterion for determining the reduction of social evaluation.In the event of a cross between the three,if the reputation infringement or privacy infringement is constituted,it shall be carried out according to the protection rules of the specific personality right.On the contrary,the provisions of Article 111 of the General Principles of Civil Law on the protection of personal information are supplementary provisions.Finally,the infringement exemption reason for the phone number being wrongly marked is introduced.It is pointed out that in the case of the victim's consent,the information marked by the authoritative channel,and the force majeure,the error message labeler can be exempted.The fourth part,the telephone number is assumed by the wrong infringement liability.Firstly,the subject of the tort liability and the form of responsibility commitment are clarified,and it is pointed out that the number information labeling platform should bear the sole responsibility when autonomously labeling;when the number information indicates that the user intentionally mistypes the telephone number,the information labeling user as the direct infringer should The infringement is responsible.Due to the anonymity of network users,the information labeling platform should provide assistance for the rights of the marked people.When a user who is marked by the platform cannot be found,the victim is allowed to claim damages from the platform.Secondly,the number information labeling platform assumes responsibility for damage to the enlarged part,including the failure to promptly suspend the labeling and the rejection of the appeal.Finally,the infringement liability method for the telephone number being wrongly marked is simply sorted out and further refined.It is proposed that the error correction through the labeling platform is more convincing,and the damage compensation should distinguish between personality interests and property interests.The fifth part is the response to the typical case.According to the overall idea of the article,a simple response to the problems of the case referee.In case 1,the plaintiff can protect the personal information rights from the illegal use and improper dissemination of personal information.However,the plaintiff may,when making the mark,indicate that the information company has not been cancelled or that the relevant information of the industrial and commercial department has not been changed.In Case 3,if the plaintiff misunderstood the main body of the information,the telephone company that made the information should be the defendant,and the lawsuit should be filed on the grounds that the personal information rights were damaged,thus effectively protecting their rights and interests.