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作为一种新型的产业合同,移动电信服务合同在实践中暴露出诸多问题。其根源可以归结为技术原因、管理原因以及权利维护成本等多方面。电信服务合同的法律规范包括合同法和电信法两种,我国应当确立以电信法规范为主、以合同法规范为辅的模式。要想在根本上平衡电信服务业中当事人之间的均衡地位,应当成立独立高效的电信服务监管机制,加大对违规行为的审查和处罚力度,强化媒体监督,注重纠纷处理的前置性审监模式。
As a new kind of industry contract, the mobile telecom service contract exposed many problems in practice. Its roots can be attributed to technical reasons, management reasons, and rights maintenance costs and many more. The legal norms of telecommunication service contract include two kinds of contract law and telecommunication law. Our country should establish the mode which is mainly based on the telecom law norms and supplemented by the contract law norms. To fundamentally balance the balanced position among the parties in the telecommunications service industry, an independent and efficient regulatory mechanism for telecommunications services should be established to intensify the examination and punishment of non-compliance, strengthen media supervision and pay attention to the pre-trial of dispute resolution Monitor mode.