Identify Chinese Disclaimer Effect

In the mid 19th century,with the emergence of adhesion contracts, disclaimer was known and been familiar by people gradually. From now on, format contract in the social and economic life by used. Format contract to the market main body, especially the immediate interests of consumers greater impact. This mainly displays in large non-standard disclaimer borrows by is in a powerful group format of the contract provider puts forward, and is used to restrict or exclude sector responsibility, thus greatly violate people's rights.Since the 20th century, as one of the important signs of contract law development, format contract and its disclaimer finally aroused great concern. This kind of contract terms not only changed the way people tradition, and conclude a contract for the private law has been billed freedom principles formed a huge challenge. Accordingly, in all countries through legislation, modify, or establish separate legal disclaimer of format contract and are regulated.The consumer protection law had told "format clauses" made special provisions, later promulgated new "contract law" to "format terms" problem is carried on the detailed and clear rules. Among them, "contract law provisions of the first paragraph of article 39" to enter into a contract by format clauses, the party supplying the standard terms shall abide by the principle of fairness to determine the rights and obligations of the parties, and adopt reasonable manner, call the other party's attention to exempt or limit their liability in accordance with the terms of the requirements of the other terms specification." Article 53 of the contract stipulates:"the following disclaimer invalid:(one) The injury caused by each other; (two) For intentional misconduct or gross negligence of the other property losses." And the 2009 latest promulgated "contract law explain two" stipulated in article 6:"The party supplying the standard terms to format clause exempt or limit its liability, the contents of the contract by the other party's attention when enough to cause the text, symbol, font, etc, and special identification of the request by the other party shall indicate the format terms, the people's court shall be deemed as mentioned in article 39 of the accord with contract law in a reasonable manner to provide format. Already do reasonable terms party tips and demonstrative obligation shall bear the burden of proof."However, at present our country "contract law" to "disclaimer" relevant provision of insufficient however clear, remains to be discussed, mainly the clear disclaimer basic theory, the validity of the disclaimer of judgment and effect limit, the law of contract disclaimer relevant regulations evaluation, etc, these problems are worth causing legislative studies and judicial practice attention. This paper attempts to is divided into four parts, each of the above listed problems were discussed.