Standard Terms Regulation Research

Along with the improvement of the socialization degree and the development of the public utilities, the standard clauses applied in each realm of modern society economy life. They are composed with the clauses making in advance so as to using them repeatedly and these clauses only made by one side other than negotiate with each other. These called the standard clauses. The standard clauses are not only changed the traditional way of treaty, but also became to the important challenge to the freedom principle of contract. Some scholars even sent out the exclamation of "the death of contract" according to the emergence of the standard clauses. The standard clauses in a contract have made it more convenient to reach an agreement based on past experiences. For they have defined two parties rights and obligations beforehand, lowered the cost for trade and promoted the rationalization of corporations' management. But the standard clauses left more and more narrow spaces for modern consumers in making contract freedom, and the consumers show the essential signification. The standard clauses incarnates the will for one side, and they are usually induce the parties unbalance, even will injure the social public benefits, therefore, the law should adopt the appropriate instrumentality to give the control.In the article's first part, it discussed the development of the Freedom of Contract in the modern times and wide application of the standard clauses. The second part analyzed the basic legal principles of the standard clauses. Among this part emphasized to analyze the meaning of the standard clauses, its legal characteristics,the function of the standard clauses and the necessary of regulations of the standard clauses. The article's third part is the comparative research of regulation of the standard clauses in typical countries and regions. Here, discussed the regulatory mode of the standard clauses in typical countries and regions, and evaluated legislation, judicatory, administration and other supervision modes of the standard clauses. At the same time, the thesis researched the contribution and the shortcomings of the standard clauses. On this foundation, according to pass the successful experience thatanalyzes and draws lessons from the flourishing nation to our country present condition of the standard clauses, the writer put forward the own opinion on how to consummate the regulations in our counter's standard clauses in the future. Including further the legislation system of strengthen the standard clauses, improve the judicial control of the standard clauses, enhance the administrative regulation of the standard clauses and build up extensive society supervision system.