The Case Analysis Of Liu Chaojie V. China Mobile Communications Group Jiangsu Co.,Ltd. Xuzhou Branch Telecom Service Contract Dispute

When public service companies enter into service contracts with consumers,they often create unreasonable format clauses for disadvantaged consumers by virtue of their own advantages.The provisions of the relevant laws and regulations on the format clauses in China are not sufficient.There is no provision for whether the restrictive or exemption clauses that are not included in the contract are within the scope of the operator ' s notification,and there is no uniform legal application and normative standards in judicial practice..The parties in the case did not agree on the expiration of the call charge in the telecom business contract concluded,but the telecom operators in the advantageous position created the telecom customers on the grounds of industry practice and relevant state regulations in the process of contract performance.The so-called "call expiration date",unilaterally forcing telecommunications users must accept the format clauses they have established,if the telecommunications subscribers do not use their prepaid bills in the specified time,the call charges will not be carried out after the expiration In the case of notification,it is cleared.The trial court of this case believes that public service enterprises such as telecommunications should also fulfill the instructions and notification obligations to consumers for the format clauses not specified in the contract.The refereeing rules of this case establish the legal obligation of the public service enterprise and the relevant provisions of the format contract.The clear rules fully guarantee the consumer's right to know the contract and the right to choose the contract,which shows that China has made great progress in solving the disputes caused by the format clause.This article takes the guiding case No.64 issued by the Supreme People's Court of the People's Republic of China as the entry point,and introduces the relevant issues of the format clause and the description clause of the format clause,and analyzes and studies it.By combing the relevant provisions of the Contract Law,the Consumer Protection Law and judicial interpretation,we try to find more remedies to protect the legitimate rights and interests of consumers.Through comparison with the referee results of similar cases in the past,the author summarizes the innovations of the referee rules in this case,explores and clarifies the legal application rules of the relevant clauses of the format contract in China,and intends to provide some reference for the practical and theoretical circles.The results of this topic can provide some insights into the issues related to the format clauses,and encourage public service companies to adhere to the "service-oriented" concept in the service process,to protect consumers on the weak side.Rights also play an important role.