Mobile phone Package Flow 0 policy is difficult to change

"No matter whether the lawsuit can be won or not, the policy of operator traffic will remain unchanged at the end of the month." "Well-known internet critic, Speed road network, deputy director of the Institute of Speed and the Executive Director Ding said frankly."

Recently, Hunan Changsha lawyer Liu Ming moved Changsha to court. It is alleged that the Changsha Tianxin District Court has been formally filed. "I spend money to buy the flow, but why the flow of excess to pay fees, unused flow does not accumulate?" I didn't pay for the traffic? Liu Ming thinks.

The remaining flow carrying forward scheme should be implemented as soon as possible

Liu Ming (plaintiff in this case, member of legal Aid and Public welfare committee of Hunan Bar Association)

Hunan Law Association of Public Welfare Committee in the recent period of time frequently received a number of citizens on the Internet traffic operators on the end of the month of 0 complaints, based on the promotion of social public Welfare, consumer rights and interests, the organization of public Welfare lawyers to several major communications operators to investigate, in the research conclusions on the basis of

Mobile Internet Data flow package residual flow of the end of the month to clear zero, serious violations of consumer rights and interests. More than the month mobile Internet Data flow package, operators are the most expensive 1 yuan per megabyte of the standard charges. In the package within the flow is not used up, the operator did not inform consumers in advance, the remaining flow of the end of the month to clear zero, serious violations of the rights of consumers.

In our opinion, without the consent of the user and not to inform the consumer, the telecommunications operator to the consumer has purchased the total traffic Customs 0, which not only violates the contract agreement also violated the legitimate rights and interests of consumers, and will inevitably lead to consumer rights complaints or lawsuits, Let telecoms operators get bogged down in such avoidable disputes. Communications operators should immediately change the unreasonable illegal 0 users of the Internet traffic practices, as soon as possible to formulate implementation plans, improve the relevant technology, to achieve the Internet traffic flow of the remaining traffic automatically carried forward next month, to win the trust of consumers.

In view of the small number of which litigation, the cumbersome prosecution procedures, the long duration of litigation, and the high cost of litigation, many aggrieved telecom consumers are unwilling or unable to sue. Therefore, it is suggested that the administrative department should establish a practical complaint fine mechanism and increase the investigation and punishment.

To spark the opening of the communications industry again

Ding (renowned Internet critic, deputy director of the Speed road network, the executive dean of the Institute)

Recently, Changsha, Hunan province, Liu Ming moved Changsha to sue the court. He thinks that his mobile phone has chosen to move 150M of traffic per month, but did not use up until the end of the month, the beginning of the next months to move the flow of his clear zero, Liu Ming seemingly "unreasonable" request has been the vast number of users also have the support of this encounter, more gratifying is Changsha Tianxin District court did not take the demands of Liu Ming as a joke, Instead, it formally filed a case.

This matter after the media exposure, about mobile phone traffic at the end of the 0 is reasonable triggered a hot discussion. In fact, "traffic at the end of the month 0" is included in the practice of Chinese operators, domestic consumers have long been dissatisfied with this. Most netizens in the network support Liu Ming's behavior, hope he can win, some netizens think "operator this is very unreasonable, I go to the restaurant leftovers can be packaged away, why my flow can not be accumulated to the next month."

But the legal profession and the communications industry experts are more rational in this matter, not by the sentiment of netizens. Some lawyers argue that China's move is understandable, as it has been clearly agreed in the contract (which, of course, is rarely scrutinized by the consumer of the contract) that the parties voluntarily enter into a contract and do not violate the principles of autonomy and good faith. Communications experts said that the amount of traffic is a limited resource allocation and management of the present in front of the consumer Service resource allocation commitment, at the technical level, no use of mobile phone traffic can not be accumulated to the next month, that in the legal level how to interpret it?

The public said that the rational woman said, my personal opinion is that operators at the end of the month to clear the practice is not illegal, but immoral.

And to be sure, regardless of whether this lawsuit can ultimately win, operators after the end of the flow of zero policy will not be changed.

Therefore, we have to look at the nature of the phenomenon, the fundamental solution to this problem is: To break the monopoly, open communication restrictions, allowing private enterprises to enter the field of communications, and the three major operators to launch a positive competition.

Open market competition, and fierce competition "user is God", in India, if the user feel a certain operator "end of the month 0" policy unreasonable, can abandon the operator. And China, because of policy reasons, the market has been monopolized by the three major giants, users choose to choose all the same, can only swallow.

Trading habits or Overlord terms

Li Junhui (special researcher, Intellectual Property Law Research Center, China University of Political Science and politics)

A few days ago, Changsha consumer Liu Ming on the mobile phone flow of the remaining flow of processing rules and Changsha mobile disputes between the dispute, and has appealed to the court. In order to distinguish right and wrong in this lawsuit, we need to comb the legal relationship between the mobile phone users and the operators, the contract agreement between the two sides on the mobile service and the definition of the package rules.

First of all, in the process of mobile business processing and use, mobile phone users and mobile operators are equal civil subjects, the legal relationship between the two parties will be clear through the contract.

Second, with regard to the Agreement on the use of mobile business, generally speaking, mobile operators will have a standard single business price and portfolio business preferential prices. Among them, the combination business preferential price is also commonly called "package". It is worth mentioning that, according to the trading habits or contract, the various mobile services or the time to be billed as the standard, such as voice call fees, or the amount of data as the billing standards, such as SMS fees and mobile Internet traffic usage fees.

In the "package" mode, there will generally be the use of time and the use of the agreement, the agreed scope of use in accordance with the preferential price settlement, outside the agreed range of use in accordance with the standard price settlement. For example, in this case, "Internet package for 20 yuan packet 150M flow, if more than the package flow, operators in accordance with the 1M 1 yuan charge." ”

About Changsha consumer Liu Ming "request to return the purchased but not used 92M flow or cash compensation, at the same time, the demand for compensation for the economic loss of 300 yuan" specific requirements: first, to see whether the operator has fulfilled the "package use rules" of the description or inform the obligation, if not fulfilling the obligation to inform, then, Operators must bear certain responsibility for this negligence. Secondly, if the operator has complied with the description of the mobile phone flow package or the obligation to inform, then the operator does not have to bear any legal liability. Finally, "package cost flow expired without clear 0 or exceeded the flow of separate billing" is suspected of overlord clause or apparent unfair, from the foregoing to "package" interpretation, the package rules is difficult to say that there is no fair suspicion. The reason is very simple, although the rules of the package by operators, but, whether the decision to buy or choose the package is determined by the user, in addition, the package within the business price itself than normal billing price concessions, operators set certain restrictions on the condition is not inappropriate, if the user does not feel appropriate, You may not use the relevant packages or choose other operators ' related services.

Of course, we must also see that this matter to the operators to provide a wake-up call, according to the needs of consumers to offer a more diverse choice of packages, through the adjustment of business packages and thoughtful reminders, inform services, to maximize the satisfaction of the personalized needs of various types of consumers.