Research On The Legal Regulation Of Unfair Clauses In Telecommunication Service Contract

Since the reform and opening up, as the infrastructure industry,telecommunication have made outstanding achievements in a series of strong reformpolicies and measures，but it also be the focus of attention, many comments andcriticism directed at the unfair clauses in the telecommunication service contract.Telecom companies use their advantage position, put unfair clauses into thetelecommunication service contract, violate the telecommunication users ’ legitimaterights seriously, erode the social equity and justice. Unfair clauses in theTelecommunication service contract should be standardized by now. This articleattempts to address this growing problem, it can be divided into the followingsections:The first part is introduction: briefly introduce the research background, researchstatus, research ideas and framework. The format contract in telecommunicationservice contract is widely used inevitably, by virtue of its own advantages, but theemergence of a large number of unfair clauses must be regulated to safeguard thesocial fairness and justice.The second part is legal regulation overview of unfair clauses in thetelecommunication service contract. briefly introduce the unfair clauses, includingconcept, features, presentation and cause of formation. On the basis of it,analysis thedomestic and foreign mode of legal regulations with the unfair clauses in thetelecommunication service contract. Through the above discussion,we must regulatethe unfair clauses from legislative, judicial and law enforcement perspectives.The third part is legislative regulation to the unfair clauses: legislative regulationis the basic of judicial and law enforcement regulation. our country’s currentlegislative regulation to the unfair clauses relies on the relevant provisions of “generalprinciples of the civil law”,“contract law” and” consumer protection law”. But thecontent is too simple and rough, it can not safeguard the interests oftelecommunication users. Refere the foreign legislation mode and experience, we can develope “Telecommunications Law” and the law which regulate the format contract,so that we can protect the legitimate interests of telecommunication users.The fourth part is judicial regulation to the unfair clauses, it can play theadvantages of format contract, and ensure the realization of fairness and justice. Butbecause of lacking of legislation, resulted in the standard fuzzy of identification.Because of the uneven level of the judge and judicial independence, the court can notplay its role in the judicial regulation. Refere the foreign legislation mode andexperience, we can improve judicial regulation to unfair clauses from emphasising onthe type of analysis and establishing the corresponding legal regulation system.The fifth part is law enforcement to the unfair clauses, it is the most used way ofregulation to the unfair clauses in our country. It can make up the legislative andjudicial regulations. But the law enforcement agencies of non-objective law ofneutrality as well as of the practice effect of non-final weaks enforcement ofregulations. Refere the foreign legislation mode and experience, we can improve lawenforcement to the unfair clauses through the establishment of review mechanismsand the establishment in advance especially in telecom regulators.The sixth part is conclusion, it points out all kinds of legal regulation has its ownadvantages and disadvantages, single regulation is often difficult to obtain satisfactoryeffect. Only on the basis of improving all sorts of regulations, using various regulationmethod, playing the advantages of different regulation models,can achievecomprehensive regulation to the unfair clauses in the telecommunication servicecontract.