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垃圾邮件是因特网中广泛存在的一个问题。目前全世界每天发布的垃圾邮件高达近千亿之多,它造成了互联网世界的困扰,世界各国都在采取种种立法措施防范垃圾邮件对我们的侵害。美国和欧盟各国以及亚洲许多国家已经制定和正在制定有关垃圾邮件的法律。我国各界人士也在呼吁尽快立法。本文通过对垃圾邮件概念的界定,分析了垃圾邮件的构成要件,并且指明垃圾邮件的危害,通过对电子邮箱性质的认定和垃圾邮件当事人之间权利义务的分析,指出垃圾邮件的侵权实质。通过对各国各地区反垃圾邮件举措的认识和我国反垃圾邮件现状,对进一步完善我国垃圾邮件规制提出了一点建议。
Spam is a widespread problem on the Internet. At present, nearly one hundred billion spam messages are released daily in the world, causing the Internet world troubles. All countries in the world are adopting various legislative measures to prevent spam attacks on us. Many countries in the United States and the European Union, as well as in Asia, have laws in place and are working on spam. People from all walks of life in China are also calling for an early enactment of laws. By defining the concept of spam, this paper analyzes the components of spam, and points out the harm of spam. Through the analysis of the nature of e-mail and the analysis of the rights and obligations between the parties, it points out the essence of spam. Through the understanding of anti-spam initiatives in various regions and the status quo of anti-spam in our country, some suggestions are put forward to further improve the regulation of spam in our country.