The Legal Treatment Of Mobile Phone Spam SMS In China

With the development of intelligent mobile phones,mobile phones have gradually become an indispensable part of life,but mobile phone spam messages have been troubling the majority of mobile phone users.Infringement of this problem,this paper focuses on mobile spam messages based on the mobile phone SMS spam law governance status in our country,from our phone spam messages legal governance in legislation,law enforcement,judicial,and industry self-discipline into four aspects,in-depth analysis of intelligent mobile phone era spam law governance status quo and insufficiency,and puts forward Suggestions of perfecting our country's legal governance phone spam messages.The article has five parts,the first part is the introduction.This paper mainly introduces the research reasons,research objectives,research methods and innovation points.This paper aims to find ways to improve the current situation of mobile phone spam SMS,and to further regulate the infringement of mobile phone spam SMS in China.The second part is the overview of mobile phone spam messages.Mainly from the mobile phone spam SMS definition,characteristics and classification of three aspects.One is the definition of SMS spam.The author believes that mobile phone spam message refers to the violation of the relevant laws and regulations of the state and the prohibition of relevant regulations,may bring harm to the national,social and personal interests,or without the consent of mobile phone users,mobile phone users do not want to receive the information;Second,the characteristics of mobile phone spam messages.Mobile phone spam messages have four characteristics: passivity,social harmfulness,uselessness and wide range of influence.Three is the mobile phone garbage SMS classification.According to the mobile phone users can be divided into illegal advertising type,harassment type,SP(short message service provider)illegal group hair type and fraud type four categories;According to the sending channel,it can be divided into three categories: mobile phone sending,SP sending and SMS group sending.According to the number of recipients,it can be divided into two categories: sending to specific groups and non-specific groups.Thethird part is the harm of mobile phone spam message.It includes the following three aspects.First,it infringes users' right of freedom of communication.Mobile phone users can't choose which messages to receive and which not to receive;Second,it infringes users' right of personality.In detail,it can be divided into three categories:violation of users' right to health,right to privacy and right to peace of life.The third is the infringement of users' property rights.There are mainly three forms: defrauding users of mobile phone charges,swindling users of personal property and using viruses to destroy users' mobile phones.The fourth department is China's mobile phone garbage SMS legal governance status and deficiencies.In-depth analysis of China's mobile phone SMS spam legislation,law enforcement,judicial,and industry self-discipline,found the phone rates low and the bare more garbage governance law legislation,law enforcement factors of punishment,incomplete and lack of the consciousness and action is difficult,lack of self-discipline intrinsic motivation and lack of regulation four aspects.The fifth department,in view of the existing shortcomings put forward to improve our country's mobile phone garbage SMS legal governance Suggestions.Firstly,it is suggested to perfect the existing legal system and introduce the anti-spam law.Second,in the aspect of law enforcement,it is suggested that the government clarify the supervision of specialized agencies,encourage enterprises to assist in law enforcement and strengthen law enforcement.Thirdly,in the judicial aspect,it is suggested to further clarify the jurisdiction of spam messages,the scope of compensation and the distribution of burden of proof,and introduce the system of class action lawsuit.Four is the industry self-discipline aspect,the suggestion starts from the clear position of the industry organization,the consummation industry organization construction and the support industry organization three aspects.