On The Format Of The Conflict And Balance Between The Interests Of The Contract

As a product of economy of scale and economy of integration. Contract of adhesion reduces transaction cost by closing a transaction quickly. The application of the contract of adhesion has become more and more popular in social life. But in the same time, the monopolizers become more and more strong, the injustice and the illogicality come to light. How to balance its benefit conflict and how to realize its fairness and justice by means of proper legislative guidance and so on, which are the arduous undertaking and important contents for various legislation of different nations. This article analyzes the character and the basic principles of execution and effect and explication of contract of adhesion. When executing the contract of adhesion ,the trafficking chance should be emphasized for offeree. So offerer must provide chance in reason to make offeree know about the contract of adhesion . when deciding the effect of the contract of adhesion ,the mandatory rules and the basic principle of civil law should be considered. When explicating the contract of adhesion ,contra proferentem rule should be observed. The author discusses existing problems in our country and puts forward suggestions about contract of adhesion. Only .the controlling methods of legislation and administration and judicature and corporation aggregate and craft continence and so on be combined with, the contract of adhesion could exert its function about reducing transaction cost and enhancing efficiency.