On The Regulation And Restriction Of Standard Clauses

The broad application of standard clauses is one of the important symbols of the development of contract law in last century. Standard clauses have existed when the parties of contract conclude the contract and the party providing the standard clauses don't allow the other party to negotiate. In other words, standard clauses are clauses which are prepared in advance for repeated use by one party and which are used in the conclusion of a contract without negotiation with the other party. Compared with non-standard clauses, there is no place in standard clauses for the parties to negotiate because of the serious imparity of their economic status. However, the inequality can't change the essence of standard clauses and it is still a kind of clause of civil contract in nature.With its incomparable advantage, such as high efficiency of concluding contract, low cost of concluding contract, promoting the security of trade and so on, standard clauses have been applied extensively in all fields of social economy and have done great contribution towards the development of modern economy. At the same time, because of the impulse of interest, the party providing the standard clauses often constitutes some impartial standard clauses, which probably infringes the legal rights and benefits of the other party, by right of its advantage in economy and the ability of concluding contract. It is these impartial standard clauses that deviates the justice of contract. Therefore, it is a very important mission for modern contract law to how to regulate and restrict standard clauses effectively in order to stick up for the justice of contract.The thesis mainly probed into the issue of how to regulate and restrict standard clauses from legislation, administration and judicature. Legislative regulation and restriction aims to offer legal gist for administrative regulation and restriction and judicial regulation and restriction, thus, establishing a suit of reasonable and scientific legal system towards standard clauses should become the final mission of legislative regulation and restriction. Administrative regulation and restriction should be able to develop its skill to full because of its attribute of initiative and high efficiency in the regulation and restriction of standard clauses. After demonstrating the fact that administrative regulation and restriction excels judicial regulation and restriction, the thesis put forward some constructive advice about how to regulate and restrict standard clauses with administrative measure. Judicial regulation and restriction, which includes the classification of standard clauses, the judgment of whether the contract...