Legislative Regulations Of Standard Form Contracts

Standard form contracts are widely used in our economic society. Their development is one of the most important standards of contracts' development in 20th century. In recent years, the number of standard form contracts is increasing so that the daily lives of people connect with them all the time. Every coin has two sides, standard form contracts have much merit what traditional contracts haven't, but a lot of problems comes with the wide application of standard form contracts. They do harm to the contractors and are challenging the principle of justice. It's necessary to control standard form contracts wholly. To do this we should make good use of the advantage of standard form contracts, overcome the defect of the standard form contracts, promote economic prosperity and serve the economic construction. Take foreign countries' successful experiences as a reference, we should discuss how to protect consumers' rights and interests effectively under the system of standard form contracts and how to set up the mode standard form contracts in our country.The first part emphatically studies the basic problems of standard form contracts. After comparing with all kinds of definitions of standard form contracts in other countries, make the meaning and the characters of standard form contracts clear. Looking back the history of standard form contracts, state the cause of their formation and development. Standard form contracts have not only merit but defects, in the end of this part, the author analyzes standard form contracts' two sides in detail.The second part mainly discusses the theory bases of controlling standard form contracts. On the one hand, standard form contracts deny the contracts liberty, they deprive the rights of contractors and challenges the principle of liberty. On the other hand, standard form contracts deny the contract justice. In fact, the two contractors are not equal at all. In a word, it's necessary to control standard form contract legislatively.The third part mainly states the methods of controlling standard form contracts. Other countries in the world most take legal, administrative and judicial methods. Controlling standard form contracts legally is the main method. In this way, standard form contracts could have a legal standard in economic society. This way is also the most effective.The fourth part is the evaluation about the present situation of standard form contracts in China. Standard form contracts are widely used in our country, but the system of regulating them is not perfect because of the delay of research. Standard form contracts haven't developed a whole system of regulating. They are often mixed with the administrative regulations.The fifth part discusses how to controlling standard form contracts in China. Although our country has already set up method and mode of controlling standard form contracts tentatively, still there are some defects that need improve further. The author pats up some advice, including how to perfect the corresponding legislation, how to improve the mode of controlling standard form contracts etc. Above all is the point of this paper.