On Some Legal Issues Regarding To Mobile Telecom Service Contracts

Telecom service contracts are agreements reached by the service provider and customers, outlining the provider's obligation to supply the customers with transfer information by wireless network. Telecom service contracts, within the scope of service contracts, are typical in-nominate contracts. There is no explicit stipulation on them in Contract Law of China, thus in practice they shall be governed by relevant provisions of the General Rules part of the Contract Law.Attention should be paid to some particular issues arising in the conclusion, modification and termination of telecom service contracts. For example, while concluding a contract, the service provider bears such obligations as compulsory conclusion and reasonable notification; the principle of self-governance of the parties is not completely applicable in the modification and termination of contracts; the parties'unjust enrichment and restitution in the termination of contracts.In the conclusion and performance of mobile telecom service contracts, compared with the service providers, who usually have strong capabilities, the customers are in weak situation. This great disparity of status can be extremely obvious in the agreement relating to the entry into the network, drafted and provided by the mobile telecom company. The unjust standard clause refers to those unilaterally made by some providers with the intention to evade legal obligations and reduce or even avoid their responsibilities. According to my view, these clauses are caused by various factors, and shall be recognized invalid.Mobile telecom service contracts are bilateral contracts, where the parties'obligations can be divided into main obligations and collateral obligations. In this paper I will make an analysis of the parties'rights and obligations, and further of their responsibilities for breach of contracts in practice.In the performance of contracts discussed in this paper, distinct treatments shall be ensured towards mobile telecom service providers'blacklist measure and associated suspense of service measure, aimed at the users'change of number so as to evade payment, for their different legal characters. The mobile phone numbers are property of the nation, and the mobile telecom service providers only have access to utilize them, whereas the process where the users receive service is merely a temporary transfer of this access. Another point is, while dealing with the loss caused by a third party's infringement in the performance of the contract, such principles as fair liability...