垃圾短信民事侵权责任研究-法律学专业论文.docxVIP

ABSTRACTSMS ABSTRACT SMS has been widely welcomed by users because of its features of affordab l e and conven i ent commun i cat i on．The Statistical data shows that the amount of various types of messages sent in China in 2010 has reached 831．7 billion．The new technology provided people with convenience，but in the meant ime，the garbage messages also fol lowed and broke into everyone’S daily life，which violated people’S many civil rights．However，due to the lack of relevant laws and regulat ions，the incompetence of the uncertainty regulatory and legal respons ibil i ty as wel l as other factors，the garbage messages lead to frequent disputes which caused di fficulties for the vict ims to get proper rights and alms for remedies． m‘ l herefore， basing on the current theories of tort law and combining with the existing regulations and actual cases，the author attempts to analysis the legal issues concerning tort l iabi l i ty of the garbage messages by using the methods of empirical research，case analysis，comparative analysis and value analysi S． In the introduct ion part，the paper i l lustrates the current existence of several different types of garbage messages with a large number of practical examples，then summarizes the definition of garbage message and the common features of its four aspects．In order to have expansion of the Ⅱ discourses discourses in the fol lowing chapters for the Tort Liabi 1 ity related issues，chapter I analysis the various infringers lead by di fferent ways from the causes of the garbage messages． Chapter II detai led analysis and interpret the civil rights of species and its legal basis which is violated by the garbage messages．It is confirmed that the garbage messages violate people’S property rights，personal rights of privacy，consumer freedom，liberty，the right to health communication，etc． Chapter I I I describe three Tort Liab i l i ty Law theory first ly， summarize that the garbage messages l iabi l ity should be attributed to t