Research On Mobile Value-Added Telecom Service Contract

The mobile value-added telecom service is the value-added telecom service which attaches in the honeycomb mobile service's foundation telecommunication network foundation, in which contract legal relationship is complicated, the contract which the value-added telecommunication service user and the value-added telecommunication service operator works out in light of this namely for the mobile value-added telecommunication service contract. The mobile value-added telecommunication service contract which works out through the mobile communication network is the non-typical contract, contract for the third person's benefit and the form contract. Our country is insufficient in this kind of contract legal rules system.The mobile value-added telecommunication service contract has the unique characteristic, concludes a treaty the bilateral both sides status not to be extremely balanced, as a result of contract agreement rights and obligations serious flaw as well as to value-added telecommunication service user incline protection is needed, it is necessary to establish the contract the legal right duty to carry on the rules and regulations. The value-added telecommunication service user main legal right duty includes:The free option, the right to know, the confirmation power in contract, the test and draw back exchange goods, to relieve the request to provide the qualified telecommunication services willfully, the information to protect the power and the payment duty. To these legal right and duty is insufficient.The foundation telecommunication operator is not the mobile value-added telecommunication service contract to conclude a treaty the human, based on theory and reality consideration, it is necessary to break through the contract relativity, undertakes the mobile value-added telecommunication service cooperation contract by it to attach the protection, to look after the third person voluntarily. It undertakes the following prime contract duty to the value-added service telecommunication user:Provides the detailed information the duty, to provide the fees detailed statement inquiry the duty, the preserved related record duty, the charge confirmation duty, to accept the value-added telecommunication service user to terminate the contract the duty, to ask the responsible voluntary and the verification surveillance duty. To these legal duty the law also has insufficiency.As the existing most common mobile value-added telecommunication service, mobile information service and in the middle of the mobile online exchanges processing service has the compulsion to expend, the cheat to promise, the contrary charge, whether to refund and onus of proof. According to the preamble analysis, should recognize the value-added telecommunication service operator and the foundation telecommunication service operator's contractual liability separately.