Legal Contral On Format Contract

Format contract has become one of the most important contract. It has a wide usage in our daily life. There are many advantages in format contract: it shortens the process of"offer and promice"and makes the trade more convenience and efficient; it foresees the potential legal liability and prevents the possible risk; format contract can supplement the deficiency of law and make the new form of trade become possible. However format contract also have its deficiency: contract freedom of the promise party has been restricted; the party who offers the form contract always stipulates the contents on his own interests and restrict or relieve his own duty; the party who offer the form contract always stipulates the contents being bad to the opposite party and separates the risk unfairly. Although format contract is in accordance with the principal of contract freedom because it has the procedure of offer and promise, essentially it breaches the principal of contract freedom. In order to balance the benefit of both parties and maintenance the principal of contract freedom and contract justice, it is necessary to make a legal control on the format contract. The essay is written on the four aspects: legislative, judiciary, administrative and self-disciplined aspects.The legislative control refers to the controlling ways to regulate drawbacks of format contract by stipulating related law. Legislative control is a basic way to control format contract, and it is the premise and basisi for other controlling ways to exist. The essay introduces the system of legislation. On the basis of above, the author sums up the legislative actuality of our country. Finally the author gives some advice on the legislative control.The judicial control to drawbacks of format contract refers to the treatment by court to disputes on format contracts, to eliminate the influence of unfair contractual clauses in format contract, and to defend the contracting parties'interests. The author discusses this problem from the following four aspects: how to judge whether the contract is format contract; how to judge whether the clause which the both parties can not agree with has been involved in the format contract; how to interpret the format contract; how to judge the validity of the clauses of the format contract.The administrative control to drawbacks in format contract refers to whereby the administrative units rule and regulate the content of format contract according to legal regulations and inspect and supervise the application of format contract in order to prevent and correct the activities involved unfair clauses in format contract. The essay introduces the methods of administrative control in other countries and sums up the actuality of our country. Finally the author gives advice on it.The social control to drawbacks in format contract refers to the social supervises conducted by consumer organizations and related social groups by using their social influence and instruments of propaganda and mediums on application of format contract to the users of format contract. Although there are four methods to control the format contract, any method has its advantages and deficiency and can not afford the important task by itself. We should use the four methods and make them become a system to control the format contract.