On The Form Of Contract Control

The standard form contract as a basic pattern of the modern trade is bom with a contradiction between efficiency and justice. All countries are trying to improve the social justice while realizing the efficiency. Chapter One in this article puts forward the necessity of the legal regulation of the standard form contract through analysis of the concept, legal characteristics, the background of shaping and the advantages and disadvantages of the standard form contract.The legal regulation of the standard form contract mainly includes legislative, judicial and administrative regulation. The social regulation by organizations like the Consumer's Association and mass media is a complementary method to it.The article lays emphasis on analysis and research of the legislative and judicial regulation. It makes clear that legislation is the foundation of the regulation of the standard form contract. Advanced experience should be followed through comparative analysis of the legal specification patterns and representative special laws in each country. The article concludes in retrospect the regulation of the standard form contract before promulgation of the United Law on Contract. With comments on weak points concerned, it analyses main aspects that the United Law on Contract legally specifies for the standard form contract.The final way to regulate the standard form contract is by the jurisdiction. The article puts emphasis on the following three questions. The first is whether relative provisions are taken under examination of the contract. The second is about interpretations to form provisions. The third is confirmation of the effect of form provisions.The final part of the article puts forward ideas to improve the legal regulation system of the standard form contract in China. In legislation, it proposes to achieve the balance between security and freedom of the trade by way of making special laws. Meanwhile, it should make clear relative issues in unfair provisions in the special law. More than that, the article brings forward some specific suggestions for the judicial and administrative regulation.