Analysis Of China's Form Of Contract The Terms Of Rule Of Law

As one of the major symbols of the contract law development in the 20th century,standard terms are being used more and more widely in a lot of economic fields as theeconomy develops with great speed. Because of their swiftness of contract conclusion,standard terms have brought convenience into commercial transactions, and have greatlypromoted the fast economic development. Meanwhile, being different from the traditionalway of making a contract, standard terms have issued a big challenge to the principle ofcontract freedom, and have created some negative influence to the economicdevelopment.In regard to the double-bladed sword, standard terms, lots of countries and areas haveamended the current laws or made new laws to regulate them. As to China, there arespecialized provisions about standard terms in the Contract Law, the ConsumersProtection Law, the Insurance Law, and the Maritime Law. Besides, there are specializedlocal regulations of standard terms in Shanghai, Shenzhen and so on.This article tries to analyze the legislative rules of standard terms in China from theperspectives of conception, incorporation into the contract, effectiveness, explanation,administrative and judicial control. Meanwhile, with reference to the legislative andjudicial practice of other countries and areas, the article puts forward some opinions toanalyze and solve relative law problems of standard terms.