On Standard Terms And Consumer Protection

Since the 19^th century, the standard clauses used more and more in transactions and this trend is becoming increasingly obvious. Today, greatly to the insurance, the financial contracts, slightly enough to lives with the common consumer contracts, such as water, power, gas supply, all without exception more or less use the standard clauses. The reason that transaction prefers to the standard clauses is time-saving and stability of the merits. However, there are also serious mistake of the standard clauses: it restricts even deprived of freedom of contract relative to the transaction; moreover, the operator may use the standard clauses against the interests of consumers by convenience. How to effectively regulate the standard clause, it is time-saving play to the advantages and protects the fairness of a transaction, thereby ensuring that the interests of consumers are not as weak against is the theme of this article. Besides the foreword, the article is divided into thee parts.The first part elaborates the standard clauses general theory. The standard clauses is a litigant in order to duplicate uses draws up in advance, and when works out the contract not the clauses which consults with opponent. The standard clauses has the following characteristic: Draws up, the clauses content in advance by a contract litigant side finalizes, when works out the contract to use, the relative person for the unspecific third person resides in promising follows the status and so on. The standard clauses subscribes into the contract to be supposed to observe to the relative person prompts the standard clauses, gives essential showing to the standard clauses, opponent agreed subscribes into the standard clauses the contract as well as the unusual clauses does not have to put into the contract. In addition, the author elaborates the standard clauses interpretation, validity and so on.The second part deals with the rights and interests of consumers in the standard clauses. First, the author analyzes the standard clause of the positive impact of the interests to consumers, specifically including: simplifying contracting procedures andsaving transaction costs; safeguard the security and stability of the transaction. Mark up for the lack of clauses to promote new development on the transaction. Secondly, the author analyzes the standard clauses of a negative impact on consumer rights, specifically including: freedom of contract by the larger consumer; Provides for the use of those provisions to reduce or ward their responsibilities format, increase the consumer responsibility, restrict or even eliminate consumer rights and so on. Finally, the author analyzes the relationship between trade practices and the standard clauses of the contract, of course ,dose not have the force of law on trade practices ,all violations of the law against the interests of consumers of the so-called "trade practices" shall be null and void.The third section focuses on the regulation of the standard clauses. The regulatory system is mainly legislative, judicial, administrative and social supervision, and other means. The author analyzes the legislative, judicial, administrative regulation and shortcoming of the situation, and the corresponding recommendations. Supervision in the community, the paper discusses association, the media and consumer groups to the standard clauses of the methods of supervision. The writer believes that the standard clauses should be used in a variety of the system in various ways. In the works to introduce legislation for the guidance system and infrastructure, and give full play to the system of prior administrative regulations and judicial rules of supervision after relief, supporting the use of community supervision, the standard clauses constitute a system of supervision. Only in this way can we rule out the inadequacies of the standard clauses, it is not detrimental to the interests of the consumers on the premise that most of our strengths in order to better service for the transaction.