On The Format Contract

The standard form contract is the contract that one party constitutes the immovable contract terms in advance in order to use repeatedly and widely, and the other party has to accept the terms without negotiation when the contract is concluded.this thesis is a study on the standard form contract, contains five parts:Part one is the common review on standard form contract. The author confines the concept of the standard form contract, and expounds its juristic character, expatiates its essence. The author also particularizes the definitions of the standard form contract in many countries. Bases on its definition, the author makes a conclusion on the four most significant characters of the standard form contract, then differentiates and analyzes the characters one by one.Part two is the forming of the standard form contract and how it came into being. It first appeared in the late 19th century, developed quickly with the appearing of monopolization. As to the reason, there are about four: the appearance of the monopolization enterprises provides conditions for the birth of the standard form contract; reduce the cost of business and obtain more profits; the appearance of the public utilities also drove the use of the standard form contract. With the joint force of all these external factors, the standard form contract is put in use in every aspect of business.Part three is the analysis on the value of standard form contract from three aspects, that is the aspect of provider, receiver and society of the standard form contract, observing the benefits which brought by the contract. From the dialectic point of view, everything has its two aspects, which are both advantage and disadvantage. The most obvious disadvantage of the standard form contract is its limits on the receiver's freedom choice of the contract. The receiver could only obey the meaning of the provider's, and the provider often put some unfair articles in the contract, which damages the rights of the receiver.Part four is about the regulation to the standard form contract. There are two basic principles which should be insisted in regulating the standard form contract: special protection of the receiver; break the monopolization and maintain competitions. Then the author talks about the four modes of regulating the standard form contract. Lastly introducing the specific two ways of regulation.Part five, the core of the dissertation, centers upon the status quo and improvement of standard form contract in China. It is inevitable, reasonable and special for standard form contract to emerge and exist in China. However, China pays no attention to the legislation of standard form contracts, so there are no related laws to regulate it yet except those scattered regulations in Contract Law and other laws. Even those laws have many problems. So China shall improve the legislation of standard form contract in light of special facts of China, and in the same time adopt the successful experience of other countries. In addition, because the regulation on standard form contract is a system, more attention shall be paid to the harmony and cooperation between the juristic measures and other measures.