The Legal Protection Of Consumer’s Interests Of Telecommunications

With the development of the global electronic information technology, the telecommunication service has become the essential demand of people’s life.However, as the consumption in China’s telecommunications market expanding, the torts in telecommunication consumption also occur. Compared to other consumption areas, telecommunications consumers often give up their rights because of the small litigation subject, high cost, the difficulties of proof and other factors, at the same time,The nature monopoly of the telecommunication industry has also strengthened the weak position of telecommunication consumers in a certain extent.Therefore, it is necessary to implement a special mechanism for the protection of rights and interests of telecommunication consumers. However, in the aspect of the legal regulation, our country’s regulation is not perfect in the field of telecommunication industry, and the legal relief of the telecommunication consumers’ rights and interests is not enough, which is the major reason of the continual damages of telecommunication consumers.It is worth mentioning that, as a big country in the field of telecommunications, compared with other developed countries such as the United States, Britain, Japan, Australia and other countries, China’s legal protection of the consumers’rights has a big gap. Under this background, it has certain theoretical value and practical significance to study the protection of the consumers’rights in telecommunication service in our country.This paper points at the following aspects to carry on the system research. Firstly, the basic theory of telecommunications consumer protection,secondly, foundation of economic law in the protection of telecommunication consumers’ rights, thirdly, the experience and enlightenment of foreign protection of telecommunication consumers, and the last aspect, the predicament and improvement of the protection of telecommunication consumers’ rights in China. Besides the introduction and conclusion, the text is divided into four parts, a total of 38,000 words.The first part is about the basic theory of the protection of telecommunication consumer’s rights and interests. Differ from ordinary consumers, telecommunication consumers have wider and more general interests.At the same time, because of the unequal status and the asymmetric information between telecommunication operators and consumers, or other factors, the rights of telecommunication consumers tend to be damage easily, and protecting their rights has particular value demands.The second part is about the foundation of economic law in the protection of telecommunication consumers’ rights. To protect the rights of consumers and economic benefits are two main goals of economic law. Among them, the theory of state intervention, the theory of gradient protection of the consumer’ rights, social welfare function theory of state-owned enterprises as well as anti-monopoly regulation theory of natural monopoly industries, all these theories are the foundation of economic law in the protection of telecommunication consumers’ rights.The third part is about the experience and enlightenment of foreign protection of telecommunication consumers’ rights. Taking the United States, Britain, Japan, Australia and other countries as representatives, the experience of telecommunication consumers’ protection in foreign countries mainly performance in the telecommunication consumers antitrust lawsuit compensation system and the regulation of the telecommunication industry. In contrast, China’s protection of telecommunication consumers’ rights is far from perfect, needs to be improved.The fourth part is about the predicament and improvement of the protection of telecommunication consumers’ rights in China. In view of the current predicament of telecommunication consumers’ protection, we first need to improve the rules of the industry and the telecommunications industry antitrust regulation, and secondly we need to establish private telecommunications antitrust litigation system of compensation, group litigation and public interest litigation system.