On Legal Regulation Of Standard Contracts

Standard form contract refers to those which are repeatedly used, it provides in advance by one party and no consulting with the other party when the contract is made. Standard form contract caters to the requirement from economy and society because it is simple, economic, and it has merit that traditional contract have not, then it is widely used. The daily lives of people connect with them almost all the time today, but a lot of problem comes with the wide using of the standard form contract, the majority of standard form contract providers is monopolized enterprises. To seek more profit, they tend to take advantage of their status by providing unfair terms when entering into a contract with individuals. In accordance with justice in contract, 1must be regulated under law. Many countries are interested in how to effectively control the standard form contract. In this thesis, the author first illustrates the concept, characteristic, reasons of form, merit and demerit of the standard form contract, then on the base of foreign experience of legislation and practice, and reality of our country, the paper gives us some advices on perfecting the control system of standard form contract in China. The thesis includes five chapters.Chapter One is summary about standard form contract. This part introduces the conception and features of standard form contract, thenanalyzes reasons of standard form contract comes into and its merit and demerit.Chapter Two analyzes various legislations of different nations for the 1, and discusses how to regulate the 1 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 county in this field.Chapter Three 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 contract, including its signification, inefficacy, interpretation and so on. There is something, which is worth commending not only in the content of legislation, but also in the legislative technique.Chapter Four 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. According to the circumstances of China, the author discusses in details the executive regulation, the legislation regulation and the judicial regulation on standard form contract. Trade unions and the representative organization for consumers is another source of regulation.Chapter Five is about the legal problem of electronic standard form contract Because the enactment and the research of the electronic contracts lack practice in China, the author has cited many concerned laws of the international organizations and foreign countries, and has tried to find the common place based on the analysis of the electronic contracts law in China so that China government can select better parts and apply in reality.