Standard Terms Of Regulation And Improve The Problem

Standard terms have been developed since 19th century. Compared with other contract terms, standard terms have striking characteristics and functional advantages , which are extensively applied in almost every-day business-related field, and are attracting more attentions of the legislative of many countries. However, the inherent shortcoming arising from the conflict between standard terms and the principle of freedom to contract is regarded as the basis of the regulation theory. The party, who stipulates the standard terms, is usually for his own interest and by doing this will bring injury to the other party. For the reasonable utilization of standard terms, Contract Law of the People's Republic of China pays high attention to it.This thesis firstly analyzes the concept and the characteristics of standard terms, then researchs the provider's obligation through weighing its advantages and the disadvantages, and then analyzes how to determine the force of such kind of terms. In addition, the interpretation of standard terms is also a significant task for reseach. The thesis compares the provisions of standard terms in the Contract Law of the People's Republic of China with the stipulations of Princples of International Commercial Contracts, discusses the specific regulations abaout standard terms and the ineflectiveness of nonstandard terms. sets forth the ways and guidelines to be adopted in interpreting the conflicts between standard terms and nonstandard terms. At the same time, the thesis researches theshortcomings of standard terms and other related aspects.In the end, the thesis classifies the regulations for standard terms around the world. Inaddition to the description of the status quo of the regulations in China, the writer put forword his suggestion on how to consummate the regulations. Today we are in an information age, and Internet have become one close-tied part ofour daily life. Most of the E-commerce contracts should be classified as astandard contracts, which usually involves cross borders transactions. To regulate standard terms contained in E-commerce contracts from the view of protecting the night and interests of consumer will be of great importance to build up consumer's confidence and to push forword the development of the E-commerce itself. The regulations should follow the principle that the consumer can get effective protection in E-commerce with equal to other businesses. On this foundation, the currently followed principles governing standard terms incorporated in consumers' contracts should remain applicable to the network environment.