Analysis Of The Dispute About The Telecom Number Transferring

China’s mobile communication industry started in early nineteen nineties. Withthe economic development and scientific technology improvement, cellphones, onceregarded as luxuries, are now common commodities. According to the statistics fromthe China Mobile, China Unicom and China Telecom, by February2011, the numberof cellphone users mounted to0.99billion in China. The soaring increase of cellphoneusers makes the mobile communication industry an influential indus try in China’seconomy. China Mobile, alone, achieved the operating revenue of16.4billion RMB in2011. However, an increasing number of legal disputes regarding Mobilecommunication contract appears as the vigorous development of China’s mobilecommunication industry.From the perspective of legislation, The Telecommunications Act has undergoneseveral modifications, has yet been approved. The mobile communication contract ismainly regulated by several laws of the current legislation including The Law o n theProtection of Consumers’ Rights and Interests, The Telecommunication SupervisingStatute and the Telecommunication Network Code Number Regulation. Given thelatter two regulations, they both are in low position of law. Moreover, their mainprovisions center on regulation the legal relationship between the governments andoperators. Quite few of their provisions are formulated with regard to the legalrelationship, application of law, and dispute resolution procedure between users andproviders. The defects of legislation, uneven legal forces among various laws andregulations, and overlapping regulation ranges lead to the dark side of mobilecommunication contract’s legal adjustment.On the other hand, the existing referenced laws are mainly statutes a ndregulations, hence, results of legal theoretical studies about the mobilecommunication contract center upon the economic law field including market entry,administrative supervision. Researches on mobile communication contract from theangle of contract law are very limited. Additionally, there is no commonunderstanding about the characteristics of the mobile communication contract.Therefore, judges or arbitrators tend to be very confused in processing such cases.Telecommunication number "transfer" from the legal perspective is actually thetransfer behavior of telecommunication numbers use rights, for such kind of "folk" how to regulate made no modification and improvement in the existing legal system,also need our civil law circle and theory circle to make more of an effort.