Legal Research On Standard Form Clauses In Public Service Enterprise

Based on the case analysis on standard form clauses in public service enterprise in Anhui province, the common characteristics and main forms of infringing consumers’ rights by standard form clauses in public service enterprise are discussed. Based on thorough studies of the present situation for regulation on standard form clauses in our country, by the comparison of legislation experience in foreign and our country, and according to the situation of our country, some suggestions for regulation on standard form clauses are given from the perspective of legislation, justice, administration and social supervision.In the first part, the legal issue of standard form clauses in public service enterprises is summarized. The background and characteristics of standard form clauses, and the characteristics of public service are concretely introduced. The social foundation and expression of standard form clauses in public service enterprises are revealed. In the second part, the typical cases of standard form clauses in public service enterprise (e.g. communication, insurance, cable television and water supply) in Anhui province in the last two years are analyzed, the main characteristics and forms of infringing consumers’ rights by standard form clauses in these cases are summarized. The main features of "Take-it-or leave it clauses" in these cases are analyzed. In the third part, the present situation for regulation on standard form clauses in our country is expatiated from the perspective of legislation, justice and administration. The legal problems of standard form clauses in public service enterprises in our country are dissected by taking the example of handling suggestions of Anhui service office on standard form clauses. In the fourth part, the regulation forms on standard form clauses in public service in Germany, Britain, France and Taiwan are introduced and compared with the national conditions in our country, and the reference to our country is analyzed. Finally, aiming at the legal problems for regulation on standard form clauses in public service in our country, some suggestions are given from the perspective of legislation, justice, administration and social supervision.