The Regulation Of Standard Terms

Form contract is the parties are prepared in advance for repeated use in consultation with the other contract is not. Its to simple, time-saving features to meet the economic life of efficient, low-cost requirements of the contract with the incomparable advantage of the traditional, which can be widely used. Today, people's lives into contact with almost all the time, but the format of the widespread use of contracts has also brought a series of questions form contract to provide are from the Chu Yu monopolies or exclusive status of enterprises, as the strong, often in developing terms of the contract unfairly treated relative to the already weak position in a relatively more unfavorable situation of man.To publicizes the "Contract Justice" banner, form contract must be regulated. How effective regulation or control of form contract, as early as the countries have caused widespread concern. In this paper format of the contract from the concept, characteristics, causes and the pros and cons of starting, and then learn from foreign legislation and practical experience in the contact status of our reality, based on our standard contract for the establishment of a sound system of the proposed regulation. Paper is divided into four chapters:The first chapter is an overview of the legal system standard terms, the main provisions of the contract describes the format concept, characteristics and nature of the analysis and evaluation of the superiority of the contract form and defects and deficiencies. :The second chapter is to form the legal provisions of Regulation Analysis, Analysis of the Standard Terms and freedom of contract, contractual relationship between justice, described the historical development of freedom of contract freedom of contract and standard terms of the conflict lies. Regulation of the Standard Terms and the relationship between contractual justice.The third chapter is from the world of the standard terms of legislative regulation of the legal system to inspect. Many countries in the format of the contract system, there are many special laws, and also the formation of a mature legal experience. They have roughly the same core content and the different legislative models, these are the standard terms for our System to provide a theoretical and practical experience.Chapter IV of the standard terms of our existing system of omissions, exploring a sound system of our country the way the standard terms. Terms of legislation in China form a more principles, contents rough, still lack a proper legal mechanism needs further study. Combination of the above provisions of our regulatory system, the effectiveness of the reality format, the format proposed regulation provisions of the legislative, judicial and administrative regulation of three ways, as well as industry organizations and organizations representing the interests of the weak provisions of Regulation on the format of non-legal means.