Does the user sue telegraphic business operator for what? Saw this understand!

The swift and violent development as communication technology and the acceleration that mobile Internet applies, wu of be convinced of our country report enclothes an area to expand ceaselessly. Industry and management board of informatization ministry radio release " year of Chinese radio government reports (2018) " show, 2018, gross of countrywide mobile telephone achieves 1.57 billion, than going up year add 149 million completely, popularity rate of mobile telephone user achieves 112.2 / 100 people, than 2017 end raises 10.2 / 100 people, the mobile telephone popularity rate that already had 24 provinces city exceeds 100 / 100 people. Accordingly, telegraphic service and common people live more be closely bound up, inseparable, dispute of contract of Wu of electric be convinced also more and more get attention fully.

Handle dispute to prevent and reduce telecommunication to serve kind of dispute, appropriate, compose proposes harmonious telegraphic market order, the case of dispute of telegraphic service contract that 2 quadrangle of Beijing hear to nearly 5 years undertook special subject survey, report meeting union to try practice to table a proposal at holding news on May 16.

The case is basic circumstance

Came 2013 2018, 2 quadrangle in all case of dispute of contract of Wu of be convinced of careful form report 107 (among them, 2013 5, 2014 18, 2015 29, 2016 16, 2017 26, 2018 12) , year receive whole of amount of end a case to be stabilized relatively. In the case, the having that telegraphic user sues telegraphic business operator 94, telegraphic business operator prosecutes telegraphic user have 13, because telegraphic user is owed,expend be caused by more.

Case characteristic

Contract dispute case serves in afore-mentioned telecommunication in, the business of 3 big telegraphic operation that acquires telegraphic business business certificate amounts to 103 as the case of party, occupy than be as high as 96.3% . Among them, involve Chinese mobile company 54, occupy than 50.5% , involve Chinese UniCom company 29, occupy than 27.1% , involve Chinese telegraphic company 18, occupy than 16.8% , those who involve other company is only 4, occupy than 3.7% .

Face logarithm measures giant user, the contract of Wu of electric be convinced of telegraphic enterprise uses format clause to conclude more, contract content, form is relatively fixed. Content of dispute of contract of Wu of electric be convinced has telegraphic foundation to serve already, also include appreciation telecommunication to serve, and as times changes from connect cost of telephone bill, short message to develop discharge cost, tripartite to collect fees, formula change controversy.

In afore-mentioned cases, the forehead of litigant mark has 86 below in 30 thousand yuan, 80.4% what take entire case. Although of mark lesser, but the explanation of both sides relating debate to contract effectiveness, clause, authenticity that serves expense, rationality, responsibility of breach of contract is maintained wait for a problem to be put generally in bigger difference, sheet of detailed of the cognizance to format clause, plan cost and presence of plan fee system are larger controversy, telegraphic user often mediates apiration low, bring about case both sides to negotiate mediation to solve dispute scale from this not tall.

Dispute produces an account

Analyse discovery to afore-mentioned cases, the dispute concentration system that because telegraphic user violates obligation,causes did not press an agreement now seasonable, full specified amount pays service fee. The dispute that because telegraphic business operator offerred the behavior of the service to whether disobey,legal obligation causes basically centers in the following respects:

In afore-mentioned cases, the service quality presence that because telegraphic business operator is fulfilled in the contract,offers in the process is deficient in caused dispute relatively general. Like telegraphic business operator not according to " telegraphic byelaw " and " telegraphic service quality controls government temporary measure " wait for a regulation to provide plan cost evidence for telegraphic user; Confirm professional work of the appreciation that order without the user, open add function; The net that the broadband that telegraphic business operator offers serves fast the level that cannot reach an agreement, in using, appear repeatedly net, fail to be carried in time by the agreement fast; Because the problem of service radical station brings about telegraphic user,communicate signal is bad, communicate quality is waited a moment not high.

In 94 cases that prosecute telegraphic business operator in telegraphic user, telegraphic user thinks the circumstance of charge of much collection of telegraphic business operator holds very large proportion, commonner is cost of much collection telephone bill, short message and discharge cost. Those who be aimed at an user collect fees demur, telegraphic business operator submits sheet of plan cost detailed normally, occupy in order to prove its collection charge has can depend on. And telegraphic user is right the authenticity of sheet of plan cost detailed often does not grant to approbate, view plan expends detailed sheet to fasten telegraphic business operator to just be offerred, suspect its have distort.

Mobile Internet application includes telegraphic business operator already self-supporting business, also include the business that tripartite collaboration provides. Because business industry catenary is longer, business quality control is relatively complex, telegraphic business operator is acting tripartite collects fees become litigant heat issue. The discovery in adjudgement, take the place of in telegraphic business operator in the process of charge of tripartite collection, still put in not non-standard, perfect, opaque place. Telegraphic business operator often with its and existence agreement serves as contradictory reason between tripartite, advocate its are to replace tripartite to collect fees only, be not collect fees main body.

Proposal

Serve market order for normative telecommunication, reduce telecommunication to serve contract dispute, offer following countermeasure proposals:

1.Content of reasonable, lawful affirmatory contract. Telegraphic business operator ought to strict according to " contract law " reach " consumer rights and interests protects a law " relevant provision, the content of clause of reasonable, legal affirmatory form, rigid limitation avoids operator responsibility, aggravating consumer responsibility, eliminate consumer the clause of main right, submit to with striking pattern consumer attention and the content that its have great interests, give according to the requirement of consumer specification.

2. cogent promotion serves quality, fulfill in the round remind, tell obligation. Ying Yimin of telegraphic operation business is this, with the user the experience is a center, all-around promotion serves quality, strengthen quality control, offer detailed, clear remind a service, fulfill adequately tell obligation, promote an user the experience. Serve to the rise in value that telegraphic business operator offers or collect fees for you, want to make the control of very crucial link, the foundation that informs authority of know the inside story of consumer of compulsory, safeguard and option is fulfilled basic service quality, adequately to go up in control rich service content, cogent the legitimate rights and interests that safeguards telegraphic user.

3. increases a technology to throw strength, make the sheet of plan cost detailed with more reasonable content. Telegraphic business operator should increase a technology to throw strength further, below the condition that allows in technical measure, inside the range that can publish, study those who improve sheet of plan cost detailed to provide means and content, collect fees for what the user provides data flow detailed list, convenient user understands communication to consume a state, sufficient contented user understands the effective demand of plan cost basis, what serve quality with ceaseless promotion safeguard of the technology is progressively rise.

4. introduces tripartite actively to detect the orgnaization undertakes detecting to flowmeter fee system. Telegraphic enterprise ought to be in charge of sectional requirement according to relevant provision and administration, the tripartite that chooses actively to have a country to approbate aptitude detects orgnaization convection measures business plan to expend systematic performance to undertake detecting, perfect flowmeter cost to detect further method and metric equipment, accept self-consciously supervise, ensure flowmeter expends a system to move normally, accurate without by accident.

1. understands contract content in the round. Consumer is in when signing telecommunication to serve a contract to perhaps conduct telegraphic business, the content that ought to serve a contract to telecommunication has comprehensive, meticulous knowledge, the clause that damages oneself rights and interests to the likelihood and the specious, clause that have only vague idea, want to ask operator undertakes explain and demonstrative in time, the place with the ambiguous to did not agree or agreeing way that adopts additional provision gives clear.

2. fulfils contract obligation according to it. Telegraphic business operator serves the agreement of the contract to provide telegraphic service according to telecommunication, telegraphic user also needs to assume on time full specified amount pays telegraphic service cost, offer the contract obligation such as individual information according to the facts, in order to ensure service contract is fulfilled normally. Telegraphic user did not fulfil contract obligation, yi Ke of operator of electric faith Wu advocates corresponding counterplea counterpoises or according to the contract the agreement suspends a service. The service existence flaw that if telegraphic user thinks,telegraphic business operator offers, ought to undertake in time communication with telegraphic business operator, acknowledge controversy fact, negotiate a solution, secure controversy testimony, solve a problem through lawful, logical way.

A variety of 3. channel settle dispute. Besides the choice proceeding settles dispute besides, telegraphic user still can apply a variety of dimension power shifts to settle dispute, seek more dispute solutions, safeguard oneself in time, efficiently to close right increase. Telegraphic user can pass telegraphic business operator complain a phone to perhaps accept a center to be opposite to appeal of user of each telegraphic business operator service quality demur or appeal; Yi Ke according to what applied on July 30, 2016 " telegraphic user appeal handles way " formulary condition and deadline, to each district the appeal of director office accepts administration to the orgnaization is complained or apply for to mediate; If think telegraphic business operator is put in enroach on consumer,counterpoise legally the behavior of beneficial, still can inform against phone of special railway line through dialing consumer to complain 12315 undertake complaining, safeguard oneself to close right increase.

4. is paid attention to save fixed evidence. In lawsuit, evidence of lack of partial telecommunication user conserves consciousness, cannot seasonable keep communicates record, short message record, dispute solves process record to wait, often cannot offer evidence to prove his view. Telegraphic user ought to aggrandizement evidence consciousness, sign in the contract in performing a procedure, in dispute is being reached to solve a process when producing controversy, collect in time, save, fixed and relevant evidence, because of,prevent quote cannot and bear adverse consequence.

Telecommunication serves contract dispute case

Case one: Click a mobile phone " fight a landlord " the program is buckled to expend, telegraphic user sues telegraphic enterprise to ask to remove fee

He Mou fastens some user of telegraphic enterprise. Some day, he Mou clicked a mobile phone to go up " market opportunity fights a landlord " icon, send a short message at getting telegraphic business that evening, carry bright He Mou " dibble seeding the privilege great gift that company of science and technology of You Mou network offers includes business, endowment cost 10 yuan (by telegraphic enterprise era is collected fees) " . These 10 yuan of endowment cost are telegraphic enterprise from He Mou mobile phone account is buckled in the remaining sum that month take.

He Mou tells this telecommunication company to the court, advocate its not great gift of dibble seeding privilege includes business, collect fees the project wants to inform, violate the general regulation in consumption namely otherwise, the endowment cost that asks telegraphic enterprise returns acting collection to its 10 yuan, compensate for other charge to wait. Telegraphic enterprise argue says, he Mou is clicked actively " fight a landlord " game, dibble seeding game produces endowment cost, this charge is to be used at buying game currency, it is the business concern that case alien forms between company of some network science and technology and He Mou, telegraphic enterprise provides channel service, 10 yuan of endowment cost are the agreement between telegraphic company foundation and company of some network science and technology era collects corresponding fee.

Court decision of forensic become effective thinks, buckle to appealing to those who argue way between telegraphic enterprise and He Mou cost, generation collects fees and do not have an agreement, and an account in one's own words according to telegraphic enterprise, telegraphic enterprise not at this point second the thing that deduct cost undertakes clew to He Mou first and ask for so that He Mou agrees, telegraphic enterprise also fails to offer evidence to prove case alien company of some network science and technology undertook payment hinting to He Mou, the charge of channel collection He Mou that indemonstrable also He Mou ever agreed with company of some network science and technology to use telegraphic company, reason foundation has evidence, indemonstrable appeal to those who contended for the behavior that deduct cost to pass He Mou to agree. Telegraphic enterprise is buckled from inside remaining sum of account of He Mou mobile phone take charge, the basis is insufficient, he Mou asks telegraphic enterprise is returned return this charge, the court gives support, adjudicate telegraphic enterprise returns He Mou generation to receive business to expend 10 yuan accordingly.

Case 2: Telegraphic user advocates error of plan fee system brings about its without reason to be buckled discharge cost, sue operator of requirement telecommunication business times doubler return return discharge

184 end date is number of mobile phone of Zhang Mou department the holder of 6369, contract of as telegraphic as existence of some telegraphic business operator service concerns. On July 22, 2015 0 when 12 minutes, number of this mobile phone gets 6 short messages one after another, hint its consumed flow of thousands of million. On July 22, 2015 morning, experience record number is stopped machine, after two months, number of this mobile phone is sold date.

Zhang Mou thinks, the plan fee system of some telegraphic business operator is wrong, bring about much collection its discharge cost, reason sues a requirement some telegraphic business operator eliminates his data flow charge was owed in July 2015 and times doubler return the data flow that still deducts more to wait. Argue weighs some telegraphic business operator, its all equipment in plan fee system all have labour to believe ministry nucleus to send " telegraphic equipment receives net license " , the online detailed sheet of the experience record number that draws from inside plan fee system shows, charge of the discharge data that experience record number uses, discharge all accurate without by accident, reason does not agree with Zhang Mou's lawsuit to request.

Court of first instance thinks via cognizance, some telegraphic business operator agrees with Zhang Mou to ask to absolve the request that data flow owed experience record number in July 2015, court not dissent; According to the fact that find out, the facility that the flowmeter fee system that can affirm some telegraphic business operator is used ties the regular firm that believes an approval through labour to produce, although say plan fee system has some telegraphic business operator,show Zhang Mou by accident, but not quote gives proof, reason court requests not to grant to support to other suit of Zhang Mou.

Zhang Mou refuses to obey put forward to appeal. 2 quadrangle think via cognizance, although Zhang Mou advocates the plan fee system of some telegraphic business operator has by accident, but below the case that provides its flowmeter to expend a system to obtain labour to believe a ministry to approve article and telegraphic equipment to receive net license into net try out in some telegraphic business operator, in view of flowmeter fee system has not bring into a country the category of compulsive calibrating metrological implement, branch of national telecommunication director also is in supervise and urge the tripartite that telegraphic enterprise chooses to have a country to pledge check total bureau approbates aptitude independently detects in the progress that orgnaization convection measures business plan to expend systematic performance to undertake detecting, reason shows level, the court cannot affirm the flowmeter of some telegraphic business operator expends systematic existence mistake, reason court decision rejects appeal, maintain original judgement.

Case 3: Telegraphic business operator did not fulfill clew to show obligation, the court adjudicates telegraphic business operator recoups a loss

Ma Mou appeals to say, on May 29, 2012, its are cost 600 those who buy some telegraphic business operator is wireless get online include year of formula, serve time is came on May 30, 2012 on May 29, 2013. The formula debutted on May 30, 2012, but some telegraphic business operator serves at stopping to get online indefinitely on May 25, 2013, ma Mou is forced on May 26, 2013 again pay is wireless get online include year of formula amount 600 yuan, some telegraphic business operator restores wireless online service at morrow, but its hint information shows: Service period comes to stopped on May 22, 2014.

Ma Mou thinks some telegraphic business operator is put in fraudulent action, reason sues a requirement to seek telegraphic business to operator recoups a loss and lengthen service deadline to wait. Argue weighs some telegraphic business operator, the company is when sale online card, oral already time grows when informing what Ma Mou gets online, and there is clear label on the outer packing of online card, the company is nonexistent fraudulent action, do not agree with Ma Mou's lawsuit to request.

Court of first instance thinks via cognizance, this case controversy focus deals with packet of online service deadline of year of formula to should be calculated according to 360 days for Ma Mou still is according to nature year computation. Produce controversy to the understanding of format clause, ought to press normally understanding gives explanation. To format clause two kinds of above explain, ought to make go against the explanation that offers format clause one party. Some telegraphic business operator did not make clear the specific date of deadline for performance, bring about Ma Mou to produce wrong understanding, ought to recoup the loss that causes to Ma Mou from this, reason take into consideration the circumstances decides 200 yuan to some telegraphic business operator recoups Ma Mou loss, reject Ma Mou other suit request.

After the court decision, ma Mou refuses to obey put forward to appeal. 2 careful court thinks via cognizance, accord with daily life common sense one year to reach for understanding of 365 days normally acknowledge. Some telegraphic business operator wraps his this the time set of year of product to be 360 days, count to days a year with ordinary people understanding is normally abhorrent, below this kind of circumstance, telegraphic business operator ought to bright show, but product outer packing but in " 6GB year card " font is very remarkable, but the font that hints the term of service of this net card is 360 days is lesser, telegraphic business operator did not offer sufficient evidence to prove its fulfilled clew to show obligation, its ought to assume reason corresponding responsibility, court of first instance drinks decide indemnity to be 200 yuan, do not have undeserved, reason court decision rejects appeal, maintain original judgement.