Format Of The Contract And Its Legal Regulation,

Having a glance at our daily life, you may easily find that there exists such a phenomenon that most of our contracts are manipulated by one party without mutual agreement .contracts in insurance, banking, public houses leasing, water and electricity supply, vehicle and aircraft transportation, postal and telecommunication service domain are usually concluded not through offer-accept procedure but through the procedure that One party present all the conditions ,the other party(consumer)can only generally accept or otherwise. There is no room for bargain. This kind of contract is called form contract.The emerge and development of form contract is one of the important symbols in the development of contract law in 20 century. With the development of production socialization and public utilities form contracts are widely used in various domains of modern life .According to statistics ,the ratio of form contracts is about 95% of the total contracts. A certain western scholar even thought that in developed countries form contracts reach at 99% of the total contracts .We may say ,up today ,in our daily life, people could not escape from form contracts.Form contract means that one party provides the conditions for repeated use , the opposite party can only express the opinion YES or NO. No possibility to bargain .As a special kind of contract .besides the general legal features, form contract has its unique legal characteristics. For instance if falls into a pattern. Itis usually made in advance. It can not be negotiated about .since form contract came out .There has being endless debats by therists and legalist about its nature. Here in my essay, generally speaking, I think form contract is still a contract, it is a new type of contract which meet the need of massive production and fine division of labour and the convenience and rapidness of comercial transactions. It is a new development of traditional contract theory on the bases of practice.Since form contract came out, Compared with other forms of contracts, for example, public utilities, it demonstrated unmatched advantage, As a result became the main form of commodity exchange. Its advantages include simplification of transaction procedure, reduction of transaction costs, increase in efficiency, rational distribution of risks, reduction in number of contractual disputes, increase in transaction security, no discrimination among all parties. And it is also be beneficial to fair competition. However, Its inborn disadvantage is obvious. Since form contract is made in advance by one party, The monopoly position and monopolous rights of the provider exclude the possibility of bargaining by the opposite party. As a matter of fact, it forms a coerce to the opposite party, forms actual unequality instead of facial equality, as a result fundamentally vacillating the basic principle of civil law and contract law, such as principal of contractual freedom, equality, fairness, honesty and trustworthiness .destroying the balance of interests among parties, and finally violating the interests of consumers and causing unfair results and a largenumber of problems. With the speeded development of commodity exchange, the positive function of form contract made it widely used in a lager scale and became a necessity of our social economic life. So how to stipulate form contract under the principle of contractual freedom in order to protect the interests of consumers, maintain social justice, is a tough task with which the modern contract law faces. So all the countries on the one hand try their best to keep the efficiency of contract law, on the other hand try to correct the caused imbalance in social fairness accumulating and forming experience and methods for us to learn in stipulating form contracts. These stipulations are concerned with legislative, administrative and self-disciplined aspectsIn China, only few years ago people realized to stipulate form contract. However neither legislation nor judiciary nor administration aspects are well developed, leading...