Mobile Communications Services Contract Is Unfair Standard Terms Of Legal Regulation

In recent years, mobile telecom service has had a tremendous impact on people's daily life. With the enhanced infiltration and influence on the national economy and social life, to achieve its professional monitor and sustainable development has become enormously important to the people as well as country. However, with the application of the standard clauses in the mobile telecom service industry, some legal problems appear in mobile telecom service contract which mainly refers to unfair standard clause unilaterally generated by some operators to avoid their legal obligation and reduce their own responsibility. The parties'contracting disparity in mobile telecome service contract has led to the subjects' unequal contracting status and enabled the operators to venture to make use of their dominant position to obtain unfair benefit from the competitors and general users. This article commences from the definition of the mobile telecom service contract, focusing on the nature of mobile telecom and the relationship between rights and obligations towards the two sides, and pointing out that mobile telecom operators are often in monopoly position to generate contracts due to the unbalanced economic status of the two sides and their different ability to master information, which will implicitly deprive of the acknowledge right and choosing right of users, moreover, it will also trigger a series of legal disputes. Through the analysis on the law characteristics towards the unfair standard clauses in mobile telecom services contract, the reasons of such legal disputes can be summed up. That is, the insufficient legal entity on the legal aspect, the substantial monopoly on industry aspect, the institutional separation between government and enterprises, and the technical violations and deprivation towards the acknowledge right of users, etc. By doing this way, practical policy for our thesis can be achieved, that is to call for the establishment of the basic legislation on the legal aspect—the "Telecommunications Law" to fit the use of anti-monopoly law, and to set up a professional supervisor sector which can unify a standardized industry in mobile telecom service industry. Meanwhile, to maximize the principle of good faith in the telecom field so as to ensure the protection of the interests of users. Finally, referring to the specific trial practice aspect, it is necessary to establish a standardized resolution mechanism to ensure more and more disputes in mobile telecom service could be solved timely, efficiently and fairly. By the thorough analysis towards mobile telecom service contract, this paper is trying to achieve the legal regulation for the uafair standard clauses in mobile telecom service contract, which is expected to be helpful in other similar dispute solutions and trial practice.