Format Terms Of Judicial Rules Study

English law historiography Henry said 'so far, all the movement of theadvanced society is from the status to the contract.' Indeed, looking around us, wehave surprised that the contract is everywhere in our daily life. Especially thecontract which contains standard items appears superiority in the shortdevelopment of 100 years. It meets the needs of the progress of modern marketmechanism and finds favour in many traders' eyes. According to incompletefigures, in every 100 contract we have signed, there were 99 containing standarditems. So the standard item is very important to us. But we should recognize that while it benefits us, it also brings us damages,such as the unreasonable burden of the risk of contracts on consumers. Manycountries had controlled it in the aspects of legislation, judicature, administrationand society, in which the judicial control of standard items is considered the bestway, for it is superior to other methods. The aim of writing this article is to abstractscholars' attention so as to denote themselves to the contribution of the judicialcontrol of standard items.Part one is about the outline of the judicial control of standard items. Differentunderstanding to the law nature of standard items will directly affect the choice andusage of the methods about controlling standard items, so we firstly definitestandard items to private law domain. Logically only if standard items have theexistence value, it is necessary to discuss them. Therefore, we recognize theiruseful value from the economic basis and the efficiency. Then we talk about theirshortcomings. Finally on the basis of comparing the superiority of the judicialcontrol to legal control, administrative control and social control, we prove that inpresent stage our country should consolidate the judicial control of standard items.The judicial control of standard items means that the court comes to exam thestandard items and judges their legal effect Looking around the world, there arethree steps to follow. Firstly the court should exam whether standard items becometo be one part of a contract. Secondly the court must explain those items whichhave been contained in the contract. Finally on the basis of explanation, the courtwill judge legal effect of standard items. The following three parts will explicitly elaborate from operation angle according to above three steps.Part two summarizes the general examination forms in various countries.There are there standards. The one is to see whether the providers remind andexplain to relative person. The second one is to see whether the relative person getreasonable time to understand the content of the contract. The final one is to seewhether the relative person agrees to accept standard items.Part three introduces the explanation of standard items. It is the second andimportant step in controlling standard items, so we should take care of it. This partfirstly proves why the rules of disadvantageous explanation for providers shouldbe recognized as guiding idea. Then we explicitly introduce three rules forexplaining standard item and compare them with the roles of contract explanation.Finally we point out two questions to which the court should pay attention whiledealing with these disputing standard items.Part four is about the last step of controlling standard items. Looking at thevarious countries' legislation and the judicature, we know that there are twopatterns about the potency of standard items. At present our country has solepattern, in which standard items are doomed to be invalid. Whether we shouldgive relative person the right to decide the potency of standard items and whichconcrete standards we can use in process of judicature will be discussed in thispart.In the last part, we talk about the questions of the judicial control of standarditem in our country and suggest the good way to improve the way to control it. Forexample, Boarding the scope of the judicial control of the standard item;establishing the group lawsuits and so on.In short, standard items are an important issue related with National economyand the people's livelihood. How to display strong points of standard items andrestrain the shortcoming of them has become to be hot topic. In practice and theorywe have paid attention on them, but sole pattern of controlling them can notachieve the best effect. We should gradually formulate coordinated roles andregulations mechanism for controlling standard items in the light of specificconditions in our country.