Dissertation
Dissertation > Political, legal > Legal > Chinese law > Economic Law > Of economic and transportation of Posts and Telecommunications Management Act

Research on the Commitment of the Third Party’s Tortment in the Contract about the Telecommunication

Author CaiShaoBin
Tutor GaoFuPing
School East China University of Political Science
Course Legal
Keywords Telecommunications service contracts Infringement claims Violations of property rights
CLC D922.296
Type Master's thesis
Year 2008
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Telecommunications services contract third party tort liability is the people's court to deal with telecommunications service disputes facing a problem as well as the theorists and the judiciary in recent years to discuss a hot issue. Telecommunications service contract coverage of a wide sphere of influence, significant differences between the parties to a contract status, also involves communication technology, third party tort liability issues caused more complex, and telecommunications laws, regulations and lack of relevant provisions, there is no system solutions, practice contract parties often proceed from their own point of view and uncompromising, and can not be a good solution to the problem. The solution to this problem, related to the smooth implementation of the telecommunications services contract, is also related to the vital interests of the parties. This article seeks to comprehensive perspective, covering all aspects, to provide a \Telecommunications services contract third party infringement divided into two types, namely, the \This article elaborate solutions, respectively, according to the two different situations. This paper is divided into four chapters, the general idea of ??third party infringement of telecommunications services contract in accordance with the total score structure, first do a general introduction, and then expounding the responsibility in both cases. Chapter infringement of third party telecommunications services contract to do a general introduction, namely telecommunications services contract legal analysis to clarify the third infringement prone and introduced two infringement, bedding below elaboration. The second chapter specifically for telecommunications services contract third party infringement claims caused liability issues were discussed. First introduce the theoretical basis of the manifestations of telecommunications services contract third party infringement claims, again assumed its responsibility arising solutions to discuss telecommunications users to enjoy the view of the claimant options. Chapter telecommunications services contract caused by violations of property rights discussed in Chapter responsibility issues. The third chapter describes the overall violations of property rights of third party telecommunications services contract, and a third person is able to assume responsibility for the case of a duty program. The fourth chapter discusses the third person to assume the responsibility and risk allocation in the case of responsibility. Because no third person liable for losses caused by property rights violations can only be borne by the telecom operators or telecommunications users, it is necessary to establish a reasonable risk allocation mechanism, the different situations of risk allocation. This chapter points out the limitations of current the several liability risk allocation advocated, and discuss tort can be clear, and can not clear the liability in case of risk allocation, the view of \Finally, the allocation of the burden of proof in litigation.

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