On The Regulation Of Adhension Clause

Adhension clause is a kind of contract clause which is stipulated beforehand,provided by one party of the contract, and cannot be negotiated when the parties enter into the contract.This article uses the concept "adhension clause"but not to use "adhension contract", The reason lies in "the contract" angle research the provision system has its serious flaw, Because of a contract may constitute entirely by the terms of adhension clause, possibly already includes the adhension clause, also includes the non- Adhension clause, and even the vast majority of the provisions are non-standard terms, only one is adhension clause.Regarding these above situation, we may use "the adhension contract" to describe.Therefore, the adhension contract is a very imprecise concept, That means all the clause in the contract can be divided into Adhension clause and non-adhension clause, No matter what circumstances is adhension clause, as long as there is one adhension clause in it, we can apply these provisions "Contract Law "section 39, 40 of the ordinance. "the adhension clause"concept in "Contract Law" expands the application of "Law of the People's Republic of China on Protecting Consumers' Rights and Interests " , which is extremely advantageous to protect the consumers ' benefit .So this article use the concept -----adhension clause.Part One is a basic introduction of adhension clause, which includes thename, definition, characteristics, and the nature of the adhension clause. The authordefines the adhension clause in this part as "a land of contract clause which isstipulated beforehand, provided by one party of the contract, and cannot benegotiated when the parties enter into the contract", and points out itscharacteristics from four aspects. In addition, the concepts concerned such as"adhension contract "and "standard contract clause" are employed to be compared with the concept "adhension clause" so as to make its connotation clearer.Part two probes into the important of adhension clause. This land of clause gives the long-standing contract system new blood and energy, thus enjoys great systematical value and practical value.However, some value straying also unveils at the same time, and the evidence for the straying is that the adhension clause challenges the old principles of contract system of "Freedom" and "Justice".Our government can achieve the value rectification through state regulation.Thus, part three analyses the reasonable legislative control of adhension clause.The civil law countries Germany and the common law countries, the United States on the adhension clause of the legislation introduced and evaluation,And the judgment to our country's "Contract Law" and the adhension clause , learn from foreign advanced legislative experience to the adhension clause of our contract law provisions of the legislative proposals.The fourth part is about the Judicial control .In this part, on the basis of the developmeng of foreign judicial control appraisal , Through the deficiencies among the trials of the massive credit card cases, and on this perspective.Strengthen the concept about the judicial regulations of adhension clause.,and analyzed this kind of case which exists in trying and to make appropriate recommendations to judicial control.