Research On Regulation Of Standard Terms

This paper titles with standard terms, and researches on the basic theories and relevant regulations of this law.This paper is composed of three parts: introduction, main body, and concluding.The introduction briefly introduces present condition of researches of our country's scholars on standard terms. The translated documents and introduced articles during 1980s to 1990s have not studied standard terms as an independent theme. During this period, the banking insurance, public utility and many other industries of our country had extensively applied the formative clause, however, due to the serious lag of legal study, many traditional jurisprudence and basics system had not consummated yet, and there is no spare time for studying the new legal sphere of standard terms. Since 1990s, because of the establishment of market economic system of our country and development of legal study, the depth and width of research on formative clause has improved, such as regulations on formative clause concluded into contract, the validity and regulation of escape clause, the protection of standard terms and rights and interests of consumers and so on, which almost cover the core content of standard terms and take China's practical problems as breakthrough point to make deep study on the regulative methods for the flaws of legislation and justice and improvement of legislation and justice. With the deeper introduction of foreign formative clause theory and growing maturity of basic civil law theory, the scholars of our country has improved from pure importation to theoretical discuss, and achieve periodical consequences. The establishment and development of standard terms in our country cause the development of relevant legislation and judicial precedent, and affect the changes of legal thoughts with its particular characteristic which is obviously different to traditional theories of contract law.The main body contains three chapters, and its contents are as following:Chapter one is the general theory on standard terms, which introduces...