短信息领域侵权及法律规制研究-民商法专业论文.docxVIP

领域侵权问题进行全面地规制，以达到维护用户合法权益之目的。 关键词：短信息，短信息侵权，法律规制 SMS INFRINGEMENT AND THE LEGAL REGULATION ABSTRACT With the rapid development of modern communications, mobile phones have become essential necessities. As functions of the mobile phone SMS have become more and more important in daily life communication. As a new way of communication, SMS provide a great convenience for people daily communication, and become the popular method. However, as society change and develop as normal, people gradually found more and more criminals use SMS as a tool to infringe other’s rights. SMS itself have lots of problem need urgent regulation. For example, there isn’t a theory completely explain the SMS, the regulation is lack of a special law, there is no self-governed department to manage, citizen awareness is not strong. These all made the recipient, who received the illegal and unauthorized SMS, right can’t have legitimate and comprehensive protection. While the academic hasn’t yet reached consensus on the theory of SMS infringement, the appropriate regulatory measures are also lack of deeply and comprehensive study. The first part is analyzes the concept and type of SMS. By comparing and analyzing, this content defined the concept of SMS. According to criterion that the subjective response of receives, divide the SMS into voluntary receive and rejection receive types. The second part is investigates the theory of SMS infringement. Analyze the nature, composition, characteristics of the SMS infringement, and compare the difference between SMS infringement and general tort. On the basis of the theory analyze the infringer, the object and the types of this infringement, generalize the type of civil rights violations which encroached by SMS. Not only make a clearly comprehension about the SMS infringement but also provide a foundation for regulation. The third part introduces the current situation about the management of our governance and present the successful experience which the for