On Format Contract

In this dissertation,starting with discussion of the concept,character and forming causes of the format contract,the author firstly analyses the essence of the format contract and its challenge to the basic principles of traditional civil law,and probes on how to achieve the balance between freedom of contract and contractual justice and between individual interests and social interests under the conditions of imbalance of the subjects' contractual ability and lack of equality and reciprocation of the format contract. Secondly,by comparing and analyzing the legislations and theories at home and abroad,the author makes in-depth elaboration on basic theory of format contract in such respects as format clauses,exemption clauses,interpretation and validity of format contract. Lastly,the author concludes that traditional borderline between public law and private law should be broken through and stress should be given to moderate intervention into format contract by the government,and also puts forward some proposals on how to constitute and perfect a synthetically format contract regulating system by referring to related foreign legislation. By producing this dissertation,the author contributes some useful ideas to the mapping out of our format contract system,especially the format contract regulating law.