On The Standard Terms And Its Effectiveness

With the further deepening of China's social reform and economic system transformation, the commodity economy has deeply penetrated into all aspects of social life. Economic exchanges between individuals, economic organizations, and economic organizations have become more frequent. Standard contract and standard terms have been more frequently and broadly used of modern economy as a special form of contract, which is involved in a broader socio-economic life and impacts on the operation and development of socio-economic, further more, closely linked with socio-economic interests of the participants. If Standard contract and standard terms be appropriately, reasonably and orderly used, it will greatly facilitate economic exchanges, reduce transaction costs, improve social efficiency, and contribute significantly to the economic development of our country; However, if Standard contract and standard terms be inappropriately regulated, loosely limited, it would lead to abuse and malicious use of the standard terms, "King terms" in flood, damage legitimate interests of trading partners, thereby impede economic and social development. Therefore, research and study in standard terms and its effectiveness have great academic value and practical significance.By studying in a number of typical cases, this paper reveals various problems about standard terms in aspects of legal provisions, judicial supervision and daily using. To solve these problems, this paper analyzed the characteristics of standard terms through several cases, and studied causes of such problems arising. This paper also made some improvements about standard terms. The measures include legislative controlling, judicial controlling, administrative controlling, and consumer organizations and industry self-discipline controlling to enhance the regulation and guidance of standard terms. This paper also provide some advices and information of which standard terms can be used properly and correctly in our country, which may exert the advantages and avoid its'disadvantages.