Judicial Regulation On Standard Terms

The standard term takes a important role in expressing responsibility and improving efficiency. But it also leads to quite a few disadvantages. Especially the term may depart from freedom of contract and contractual justice. So to keep its merits and to get rid of its defects become one of the most important problems for civil and commercial law. Comparing with other ways of control, the judicial regulation has many advantages such as: specifics finality and coercion. So it can overcome the problem. Research on the question not only can correct some cognitive errors, but also can offer theoretical reference for trial practice. This study has theoretical and practical meaning. The article includes the following five parts:In the first chapter, the author gives the question firstly. Then he analyses the present studies and introduces the structure of the article.In second chapter, the author analyses the reason that we should give judicial regulation on standard terms from legal theory. The content includes the value of the standard term> the departure from contractual freedom and contractual justice s the choice among four ways.In chapter three, the writer probes into the content of the judicial regulation on standard terms from four aspects: (1), Distinguishing the standard term from common terms; (2), Determining the standard term as integrate term of a form contract; (3), Interpreting the meaning of the standard term; (4), Judging the validity of the standard term. Through the above four parts, we can control the standard term.In the forth chapter, the author studies the present situation of judicial regulation on standard terms, the problems and the ways to solve them in contemporary China.In the last chapter, the writer gives some reflection on the coming problems.