Perfect The Regulation Of The Standard Clauses

It's necessary for people to use standard clauses when they always do the same business in the modern society. The standard clauses are broadly applicated in the business field and can provide many advantages,such as low cost of concluding contract, high efficiency of concluding contract and so on. The parties can save many time to do some trades without negotiation. but just as an old saying goes:every coin has two sides. There are also some negative factors in the use of standard clauses. 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.Firstly, the text analyses that why we must regulate the standard clauses from the angle of nomological and practical value. Of course we should talk about the positive aspects and negative aspects because of it is the logical basis to make it clear that two questions. Secondly, through the comparison between the ways to regulate standard clause of home and abroad,we can find out the main problem which can provide a way to perfect the regulation of standard clause. At last,the author give her own opinion on how to regulate the standard clause from the legislative, judicial and administrative regulation. The innovation of this text is that it analyses the modification of clause and the necessity of paying attention to administrative regulation from the legal value and practical value.