借“鸡”生“蛋”之批判——谈用他人身份证办理移动电话入网现象的法律责任对对策

民事活动如果不加规制便无法维持和平、安全、诚信的市场环境,有害于市场经济的顺畅发展。有鉴于此,许多经济活动都采取了要求民事主体表明自己的真实身份——出示身份证——的办法。然而规制总有可能遭到挑衅。例如,当电信用户被告知应当持本人身份证办理入网手续时,总有些民事主体明知却故意利用他人的身份证为自己所用,造成电信资费逾期未缴且难以追缴的后果。如果能从法律的角度对该问题进行详尽的分析,一定对今后该问题的处理大有裨益。但是从法律角度所能做的只是消极预防及事后追究,要有效解决恐怕不是单单的法律手段就能做到的。

The animadversion of making use of others' property for his own fruits--The legal responsibilities of using others' ID card to enter telecommunication network and the resolution to the matter

If we do not regulate the civil activities, we could not keep the peaceful,safe and honest marketing environment.It is really a great harm to the steadily developing marketing economy. In consideration of such circumstances,civil subjects are usually required to declare his identity,that is to say,to show his or her ID card.However there are always somepeople deliberately breaking the rules.For instance,telecommunication users are told to go through the procedures of entering telecommunication network with his or her own ID card. While someoeioke purposely use others' ID card instead, which result in a large damage of the telecommunication businessmen. A legal analysis of this problem must be useful to legally solve this matter in the future. But law is mainly to negatively prevent and affix the responsibility afterwards. Maybe the mere legal measures cannot shoulder the heavy burden of solving this matter.