| With the ubiquity of mobile phones as well as the flourish of telecommunication in the contemporary era, the contracts of mobile telecommunication has become the concerns of social members and the high risks area with complaints. The current mobile communication is an monopolistic industry which bears enormously realistic and potential necessity, fastest technological development and innumerable governmental regulations. The monopoly makes the formation of contracts, not only the transfer and service option, but also the rights of divert of numbers, complies with the standard form of contract provided by the telecommunication corporations. Therefore, the standard form of contracts are given by the service provider and the users could only choose to enter or not enter into the contract rather than making any alterations to the terms. Actually, this constitutes the inequity of the mutual parties. There are terms limiting or even diminishing the liabilities of the service provider, otherwise the terms which reduce or exclude the rights the users in fundamental contract of mobile telecommunication service. The service provider’s immune of liabilities towards any third parties and the conversely assertions are in the additional service contracts. All of these terms are breach of the principles of civil law, such as freedom of contracts, equal negotiations, good faith. It has been an eminent problem that the service providers’status of priority arising from the standard terms may be made use of to infringe the interests of the users, thereby, the protection for the users should be put emphasis on in the mobile telecommunication contracts. The factors should be taken into consideration in distinguishing are various. Specifically, we should be in accordance with the principles of public order and good customs, good faith and prohibition of rights abuse and the consent of users as well as the reasonable reminders to determine the validity of the standard terms. |
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