System Of Protection Of The Legitimate Civil Rights And Interests Of Telecommunications Users

At present, telecommunication industry is one of the fundamental and strategic industries in our national economy, but there're many problems in it, such as arbitrariness and disregard for the concept of consumer rights. The individual users are in an inferior position while facing the preponderant telecommunication enterprises. While there are many problems in telecommunication administration system. The case of defending of consumer legal rights has special characteristics, therefore the application of law differs from general civil and consumers'right dispute. So it is necessary to carry out a deep research about telecommunication service.The author first analyzes the case of telecommunication enterprises defending customer rights and disclose its legal characteristic, and follows which, the author puts forward his rethinking on protection rule of telecommunication customers'civil rights.This thesis consists of four chapters. In chapter one, analyzing the case, the author points out several ways of defending customers rights in telecommunication service industry, such as compulsory order service, charge fraud, exparte revise contract and so on .Chapter two divides two parts. In the first part, the author suggests customers can't defend their legal rights after analyzing the existing defects of our country's telecommunication customers. In the second part, the author probes into the defects of our country's telecommunication supervision, such as imperfect legal regulation, weak appeal and relief system. Chapter three contains three parts. Firstly, the author suggests it's regulated by civil law, contract law and consumer protection law, mostly regulated by consumer protection law, after analyzing telecommunication enterprises'legal branch and character. Second ly, the author probes into the reality in our country and thinks its character different from others phenomena. In the end, the author elaborates the legal regime of regulating the phenomena and points out its application principle.Chapter four is divided into three parts. First of all, the author builds up the regime of compensation responsibility for telecommunication industry. Then the author first points out the main claim approach, then puts forward some proposals on the claim approach. At last, the author presents some abroad valid compensation institutions, which are pr-settlement of loss institution, in order to perfect of our country's telecommunications compensation legislation.