On The Format Terms Of The Contract

Standard Form Contract caters to the requirement from economy and society because it is simple and economic, then it is widely used. Standard form contract confines the practice of contract freedom. But standard form contract contains some values of efficiency, safety and equity, these values are indispensable. Because of a variety of reasons, benefit balance among efficiency, safety and equity is often broken down. It is harmful to our economy and society. So it is necessary to study and improve our system of standard form contract.The thesis includes four chapters.Chapter One is summary about standard form contract. It introduces the conception, features and economy source of standard form contract. Standard form contract comes into being with the development of economy and market monopoly. The development of Capitalism economy and Internet transaction both verify it.Chapter Two assays standard form contract, and studies its advantage and disadvantage. The theory on legal economy believes standard form contract cannot lose economy of transaction cost. Standard form contract contains some values of efficiency, safety and equity, and these values are important. At the same time, the adjustment to these values is chaos mess disordered. The disorder would threaten freedom of contract, equality, equity. It would destroy the legitimate rights and interests of the other relevant party.Chapter Three analyzes various legislations of different nations for the standard form contract, and discusses how to regulate the standard form contract by means of proper legislative guidance or judicial regulations. There are the same approximately nuclear contents and the different legislation patterns during controlling the standard form contract, and they provide theory knowledge, as well as practice experience for the legislation of our country in this field.Chapter Four analyzes the legislation practice in the field of the standard form contract, the ' Contract Law of China, which was constituted in 1999, stipulates the legislation of the standard form, including its signification, accession to a contract, inefficacy, alteration, withdraw and interpretation and so on. There are something, which is worth commending notonly in the content of legislation ,but also in the in the legislative technique.Chapter Five assays the shortcoming of system of standard form contract in our country, and searches some ways how to improve legislation system of standard form contract. Our legislation is disorder, so it is necessary to improve.Under guidance of equity and efficiency, we combine successful legislation practice in the world with the situation of our country and establish the system about the standard form contract by regulation.