Analysis Of Telecommunications Services Contract And Common Law On Dispute

The telecommunications industry, which includes the following three major parts, the telecommunications service, the telecommunications infrastructures and the telecommunications equipments manufacture, is going to be the very base and core of the new economy (internet economy). The essence of this industry is to give, pass on, process and use information.The telecommunications industry is an emergent industry based on the science and technology of information. The telecommunications economy has grown fast in China since last 90s. It is said that at this moment the sum of the total telephone consumers is more than 6 billion. The scale of the consumers and the content of the network stand at the top rank of the world. The sum of the total net consumers is more than 80 million, standing at the second rank of the world. The telecommunications service changes the way of communication and shortens the distance between peoples, promotes the development of national economy and has an influence over every part of our life.With the development of the telecommunications industry, the telecommunications service industry tends to grow fast, therefore disputes over the telecommunications service is increasing. The reason is that there are not adequate laws regulating such service, the industry is special and the characters held by the telecommunications service. Telecommunications Industry in China, 2003, the legal system of the telecommunications of the competence of the telecommunications industry in China is scored 2.833, standing at the bottom of the list with Argentina. Thus, the frame of the legal system of the telecommunications in China needs further development; China lacks related legal systems and administration systems; the efficient market competition construction and supervisor organizations are expected to be established. Under these circumstances, the efficiency and benefits produced by the telecommunications industry have been reduced and the business interests of enterprises and legal rights and interests of consumers have been damaged. Therefore, the telecommunications industry can not develop healthily. These are the reasons for the research on the contract of the telecommunications service and common disputes.At the very beginning, this article introduces the telecommunications, the businesses and the categories of the telecommunications. With a clear understanding of the concept and feature of the telecommunications service contract, through comparing and contrasting such contract with other contracts, e.g. contracts for the supply and consumption of electricity, lease contracts, and other contracts for the supply of service, this article tries to show the type and the principle of application of it. Therefore, this paper holds that the telecommunications service contract based on the monopoly of the whole industry and in such contract many parties enjoy rights. The telecommunications service contract is a mixture of typical contracts, such as purchase and sale contract, lease contracts and service contracts.After contrasting contracts in written form, this article analyses the telecommunications service contract to add values in he written form, trying to disclose the reasons of disputes over such service under the circumstances of digital text. Besides, this article emphasizes the pattern articles of genera] telecommunications service contract, and analyzes the disputes over some typical phenomena.At the end, this article gives suggestions to avoid or settle thedisputes for the superior organizations, operators and customs.