Analysis Of The Pros And Cons And Comprehensive Regulation Of Terms Of Format

In the flourish market economy today,the contract has become commonplace in our everyday life phenomenon.There are a lot of terms prepared ahead of time,used repeatedly,and without consultation with the other in the contracts.That is,we often said the "terms of format." The author believes that the terms of format have their reasonable values and inherent defects.The terms of format have their reasonable values and inherent defects.The current obstacle to overcome is the lack of an effective regulatory system.We must improve the regulation of various means,so that terms of format play better roles in the market economy.Chapterâ… introduces the basic theory of terms of format.Firstly,it focuses on analysis of the legal nature of terms of format.The author absorbs the legal and academic articles on the terms of format in the world and defines on the basis of its proposed definition of the terms of format. Terms of format have characteristics of the four laws,unequal economic status of the two parties,and the clear purpose of formulating the terms, terms of pre-prepared and non-consultative.It is revealed the legal nature thai the terms of format are of the unilateral will and of the stereotypes of the lease conditions.Secondly,in order to better understanding and grasping the legal nature of the terms of format,the author further explains the relationships between terms of format and contracts of format,terms of format and model contracts,terms of format and the exemption clauses and terms of format and unfair terms. Chapterâ…¡analyses the reasonable values of terms of format.Four values of the terms of format,historical value,economic value,values of safety and fair,prove the reasonable values of the terms of the existing format.First,the historical inevitability of the emergence,development and prosperity of the terms of format testifies their historical value.Second,the terms of format have been proved to have the special economic values including reducing transaction costs and improving transaction efficiency, and maximizing trading interests.Third,the security value of the terms can be realized through avoiding their own risk of transactions,making them known to the public and using the national legislation to control strictly. Finally,a wide range of application objects and brutal competition in the market and strong external intervention may explain the relative fair value of terms of format.Chapterâ…¢analyses the inherent drawbacks of terms of format. Firstly,with the emergence of terms of format,the restrictions on freedom of treaty,of choice targets of contracting,of leases content of the decision, of change and lifting of contract and of the lease means of the decision, reveal defects of them deviated from the principle of freedom of contract. Secondly,unequal status between the two parties of terms of format and the provider of risk allocation provisions unreasonable,sometimes using techniques to develop King or speculative articles,reveal the shortcomings of terms of format violating real fair.Chapterâ…£of this paper introduces the existing problems of terms of format.The author believes that in order to unleash fully the reasonable value of them and overcome actively their inherent disadvantages,at present,the urgent need to solve the problem is "the lack of an effective regulatory system." From the status quo,it mainly reflected in three aspects: Firstly,the legislation has yet to perfect the system.The legislation in the infancy of terms of format is relatively little,and the content is too brief and general.Secondly,the justice of terms of format has not yet ripe. Secretary of laws and regulations is in the immature stage of exploration. There are some questions in this stage.For examples,terms of format are explained with unscientific methods,and it is not accurate to determine the effectiveness of terms and the judicial guidance of terms is very little. Thirdly,administrative regulations are very powerless.It is mainly embodied that thinking and understanding of executive not is in place,and regulatory powers and responsibilities are unclear and law enforcement is unjust.Various shortcomings in legislative,judicial,administrative regulations are the biggest problems of terms of format to be properly addressed.To address the lack of effective regulations,Chapterâ…¤p uts forward the basic idea to improve the comprehensive regulatory system including legislation,justice,administrative regulations and other regulations of terms of format.Firstly,in the legislation system,"terms of format ",a law of national uniform application,should be enacted.There are some content including the fundamental principles of the Code,the terms and conditions to establish procedures and the rules about putting terms of format into contracts in the law.Secondly,in the Secretary of laws and regulations, terms of format should be explained scientifically,determined accurately their effectiveness and strengthened the judicial guidance.Third,in the administrative system,the thinking and understanding of the executive should be corrected.Their powers and duties are distinguished.They do anything in accordance with the law and develop the model terms of format. Finally,in other means of regulation,industry self-regulation,regulations of consumer,of the Consumer Association and of public opinion should play their roles fully.In short,the regulation of terms of format is a complicated systematic project.Only comprehensively using various means of regulations and continuously improving the existing system can terms of format be gradually standardized.Conclusion of the paper reiterated that the main thrust:the terms of format have their reasonable values and inherent defects.In order to overcome these shortcomings,it is the most difficult to solve the existing problems,the lack of an effective regulatory system.The key to solve this problem is to improve all kinds of regulation means.