Telecom Service Contract Law Studies

With the rapid development of the telecommunications industry,mobile Internet widely spread in our country,a hand or two mobile phones,production people's everyday life all cannot leave the network.Thus lead to the masses of the people to the demand of telecommunication business and service quality have a higher level of requirements,when the telecom industry related to form a complete set of services to keep pace with the needs of the people,then derived legal issues also soon becomes the hot spot of telecommunications users a large number of complaints,is also a focus of social attention.The telecom industry of our country state-owned monopoly industries,communications network firmly in the basis of three carriers.Although virtual operators to participate in market competition,but in essence,industry monopoly pattern did not break.Three carriers are still relying on its strong economic strength and the monopoly advantage,using the format of the telecommunications service contract terms,against the legitimate rights and interests of telecommunication users at a disadvantage position.Including unilaterally waive liability aggravating telecom,while the high penalty due to breach of contract,the rest of the money is not backing down,call or late is not clear or network impassability don't compensate for legal disputes,such as services such as defects.The emergence of these problems and controversial due to the disadvantage of contract format terms.Is because of the telecom industry monopoly,given the state telecoms operators to formulate the rights of the telecommunication service contract format terms,but no corresponding legislation system,the judicial protection system,industrial and commercial administrative system to balance of telecom operators.This article through studies the universality and particularity of telecom service contract,at the same time for most of the key telecom service contract dispute investigates the typed on root cause analysis,expressed the telecommunications service contract on the issue of public law limits of intervention and the dimension of the civil law protection,finally puts forward Suggestions for the perfection of telecommunication service contract regulation.Reference at the same time developed regions such as Hong Kong of China,the United States carrier service contract,drew up a suitable for Chinese mainland's telecom service contracts,the telecom operators should be marked clearly in contract agent qualification,not vague terms,in particular misleading or key terms bold,liability is the network adjustment shall not be included in the force majeure,etc.,to protect the legitimate rights and interests of telecommunication users.