On The Regulations Of The Format Terms

Consultation is the basis on which the parties to a contract reach an assent and the concrete manifestation of the doctrine of contractual freedom in the course of signing a contract. However the most important characteristic of format terms is nonnegotiable. As a result, the appearance and widespread use of format terms directly provoke a challenge to the foundation of traditional contract theory—The doctrine of contractual freedom. Compared with classical contract mode, it is not difficult to find out the internal drawbacks in contractual relation of format terms——the parties' unequal status in contractual relation of format terms; the formality and falsity of contractual freedom and the unfairness of the content of the terms. So it is inevitable to regulate format terms, whose aim is to seek balance between the weak's interest and the strong's interest so as to realize social material justice. From the world's history of format terms' regulation, two trends can be seen on the whole: the first is that the regulation of the concluding procedure of format terms has been expanded into the regulation of the content of formal terms; the second is that the scope of format terms' regulation is being widened and its content is more and more concrete. There are four ways to regulate format terms: legislative regulation, judicial regulation, administrative regulation, and social group regulation. However, still in infancy, the system of our country's format terms' regulation has many drawbacks and can not meet the need of society. So it is urgent to perform regulating system of our country's format terms, just as a arrow fitted to the bowstring cannot be discharged. And it also requires our country's legal workers and theorists to take action audaciously and resolutely.