Theory Of Economic Analysis Method Of Standard Contracts

After the founding of the highly centralized planned economic system in the largely exclude competition in the market, because the government intervention, many industry formed scale monopoly, make format contract began has been widely used. So in our country the existing contract format or a long time, but in administrative interference conditions, the regulation of law of contract format is extremely rare, the format of the legislation to slowly on the contract. With the further reform and opening, China to speed up the legislation, stood to format to regulate will also be included in the legal orbit. At present, China’s legal development is insufficient, the format contract in the actual operation of many of the problems encountered, disrupting the development of market economy and the dignity of law. Consequently, the format to the improvement of the contract is imminent. Format contract is how to realize the efficiency? Infringement of the principle of fair format contract mechanism. We should be based on the principle of contract what format for regulation? This is urgent problems at present. The contract is the premise of cooperation in the rest of the existence, but for cost control may make some cooperation the rest of the deal does not realize. Therefore, how to format in the use of the contract, and control the cost increase efficiency, become format contract is the key problem. Through the trading of bargaining to get game analysis, format contract recipients no bargaining free, this makes the format contract provider in very advantage status, so as to make the other side facing the choice of harvest and found nothing. So format to contract free of infringement of the contract is to choose the contract of freedom and choose the content of the contract freedom, essence lies in the residual allocation of cooperation of injustice. This kind of injustice makes format contract during the trade in unstable factors appear in large Numbers, leading to the performance risk, the rise of the final cause of transaction costs a lot of waste. Together with the judicial process is not perfect and the law enforcement is lax, making the same format on the cost too much pressure relief. Therefore, through the study of the present situation of domestic and foreign format contract regulation, and use of economic law theory, analyzes the reason of the costs, and at the same time from the legislation judicial enforcement three aspects puts forward related Suggestions, and strive to achieve cost and efficiency of the equilibrium, and realize social justice.Paper is divided into five parts:The first part of the analysis of the economic contract law format the logical starting point, mainly from the format of the concept of contract, the contract format of the background, format contract law characteristics, the efficiency of the law and economics analysis paradigm, etc., this paper discusses the theoretical basis of the research, and briefly introduces the method of economics efficiency analysis paradigm, through the introduction of the Nash equilibrium theory, pareto optimal standards and Carl much hicks standard theory to how to realize the contract this balance of interests in maximization and resource allocation optimization, and the use of a form of dynamic game in the visual format contract explains how to achieve a balanced.The second part is the format contract system development at home and abroad of investigation and contrast. This part by comparing the continental law system country and common law countries to format the similarities and differences of the regulation of the contract, and reveals the foreign format contract law of the advantages and disadvantages, and expounds the regulation of foreign format of the contract for the enlightenment of the our country, finally, using the format contract in our country development view of the comparative analysis, and pointed out the already established format of the present situation of the legislative system of the contract.The third part is the format contract system of law of the economic analysis, mainly from the format contract cost analysis-the transaction cost problem analysis, the efficiency of the format contract-justice supplement the standard analysis in the contract, the form aspects of the game theory of economic analysis, using the theory of economics points out that the cost and waste of resources reason, at the same time for the proposed cost relief way advice and Suggestions. The fourth part with economic theory, based on the back in law, the judicial and legislative law enforcement from three aspects, the specific law, analyses the current format contract appear problem, pointed out the increased transaction cost, the waste of the judicial relief resources, the case against justice of existence, the relevant laws and regulations more holes, judicial law enforcement is lax, virtually a massive increase in the format of the contract cost pressures. And then from the legislation judicial enforcement three Angle on the idea of the perfect format contract, from reduce cost efficiency pursuing author puts forward Suggestions, and rise to the national macro-control, merchants and consumers benefit equilibrium analysis, leads to a monopoly of the social dangers, calling for the fair justice from the Angle, reduce transaction costs and enhance the citizens’ rights consciousness, and perfect the judicial remedy measures, and reduce the monopoly, and finally reach the ideal of benefit equilibrium state game mode. The fifth part in conclusion, once again, points out the format of the contract status of a double-edged sword, if control is bad, will seriously damage the development of market economy, so we should see format contract of dialectical bring good with bad, carry forward the strengths, trying to remedy defects, try hard to form a relatively perfect regulation mode.