Research On Some Legal Issues Of Unfair Clauses In Telecommunication Service Contract

With the increasing development of the telecommunications industry,the telecommunications business becomes more and more complicated,the telecommunication services and the interests of consumers are closely related.2017 "NPC and CPPCC" period,Premier Li Keqiang put forward in "government work report","cancel the domestic mobile phone roaming charges,long distance" has been widespread concern and support.At the same time,people look forward to the relevant information network "the speed drop fee can also speed up the pace of reform.The data of China Telecom user is huge,and telecom disputes is increasing.Telecommunication service contract dispute is the main form of dispute,in the "People's Republic of China contract law"(hereinafter referred to as the"contract law")not on telecommunication service contract special provisions,and unfair clauses in telecommunication service contract is the main factor for telecommunication service contract the dispute,and the telecommunications industry technical innovation constantly also need to constantly improve the quality of telecommunications services,and the legal problems of unfair clauses in telecommunication service contract research is the key to improve the telecom service quality.Telecom service contract is a typical format contract,unfair format clause is very serious.This paper mainly analyzes the main problems of unfair format clause in telecommunication service contract,and puts forward corresponding suggestions and suggestions,which are divided into three parts:The first part is an overview of the telecommunications service contract.This part introduces the concept and characteristics of the telecommunication service contract,and clarifies the research object of this paper,which lays a theoretical foundation for the later discussion on the unfair format clause in the telecommunication service contract.The second part is the present situation and existing problems of the unfair format clause of telecommunication service contract.This part mainly elaborates the problems existing in legislation and judicial practice from the current situation of legislation and judicial regulation of unfair format clause in telecommunication service contract.The third part is the legal advice to regulate the unfair format clause of the telecommunication service contract.This section raises the corresponding legal advice onthe legislation of the unfair format clause in the second part of the regulation of telecommunications service contracts and the specific problems in the administration of justice.