Mobile Internet Data Plan Reset Every Month Telecommunication Service Contract Dispute

With the development of Internet technology and applications, especially mobileInternet booming and the development of society and economy, more and moreInternet users choose to use smart phones and other mobile terminal access to theInternet, Internet users in China is slowly transition from desktop to mobile devices,mobile Internet normalized, therefore, China’s state-owned telecom enterprises toconsumers charge mobile Internet traffic way of standard, legality, fairness, its aboutmobile Internet data plan that month in the residual flow across the month carryforward, namely the "reset" every month, whether conform to the contract betweentelecom companies and consumers, whether infringes upon the lawful rights andinterests of consumers problem worth studying.Ryu consumers in a telecom operator in the mobile Internet traffic after the meal,found that the package within that month of traffic is not use up operators "reset"every month, think this behavior violated the both sides of the contract, infringementof its property right to "flow", hence a suit in a people’s court, require operators returnthe surplus cash flow or cleared. In the process of trial, the original, the accused bothsides for telecommunication service flow if there is a "reset" in the contractagreement; Whether consumers in that month finished package flow may exercise therights to the contract shall be deemed to be the initiative to give up; Mobile Internet"flow" belongs to the products or services; Whether the "flow" belongs to the law ofthe People’s Republic of China property law to protect the real right object, consumersto "flow" what rights; Reset "flow" whether belong to divergent problems such astrading habits.From the perspective of the nature of mobile Internet "traffic","traffic" is in theprocess of the use of radio spectrum resources, while the radio spectrum resources areowned by the state of "immateriality","traffic" is in the process of thetelecommunications users in the use of telecom service nickname of "radio spectrumresource". Therefore, consumers shall enjoy usufructuary right to "flow". Operators toprovide mobile Internet traffic plan, corresponding to a certain amount of a certainnumber of currency flow, has the characteristics of equivalent exchange,"traffic"exclusive and disposable, for consumers and operators are not articulated consumerpackage within the residual flow only used during the month, so its to reset the behavior of the show is a default, it shall be liable for breach of contract inaccordance with the law."Flow" of the same operators offer package, the prices aremore expensive than Hong Kong in mainland China is indisputable fact that the caseis very high attention of public opinion, caused the larger society, is actually insavings for a long time of monopoly, unfair trading practices at the same time say"no", and "eliminate people recognized the unfair phenomenon in the society, tofairness and justice is the most realistic path", constitute operators default, promptingits reasonable pricing, fair trade, in line with the deepening reform and the rule of lawof the basic value orientation and goal.