Liu, Liu XX V Hunan Mobile Traffic Cleared Case Review

Telecommunications industry is related to the country’s economic lifeline, the pillar industry of information security and well-being of citizens, in recent years, the development of China’s telecom industry is growing very rapidly, which not only brings more convenient to people’s life, but also boost economic growth in China, and conducive to adjustment and upgrading of industrial structure. However, due to the inherent monopoly natural in telecom industry, our telecom industry is not a perfectly competitive industry, there is a serious information asymmetry and unequal status between telecommunications users and operators, coupled with the government regulation is not in place, resulting in disputes is growing between operators and users, and with the development of telecommunications technology, new types of disputes are emerging, such as the case to study in this paper.Hunan Mobile "traffic cleared" case sparked widespread discussion of the community, from a legal point of view,there are some disputes of the case, including the nature of "network services agreement", whether the traffic has property attributes, whether the defendant to fulfill the obligation to inform and explain, whether the traffic is cleared accord with the usage of trade and so on.Through legal evaluation of the case, the author thinks that the "network services agreement" is a mixed contracts, the traffic does not have property attributes, data plan terms are standard terms, the defendant did not properly fulfill its obligation to draw attention, the traffic is cleared at the end of the month is not constitute trading habits. This paper attempts to put forward suggestions of legal regulation to telecom industry, and the way to legal regulation include: speeding up the introduction of the "Telecommunications Act", to improve telecommunications legal system; improve the regulatory mechanism in the telecommunications industry; establish consumer protection mechanisms.