Legal Regulation On The Format Contract

In our civil law, law of contract in a contract is when both parties agreed product, in real economic life contract practice through legislative framework law rationality constraint and state, opens with the format of the contract has its own path of development. The format of the contract and the standard contract, format contract, it refers to the terms of the contract by one party to the future and not specific to most people contracting the prepared in advance, opposite party only on the proposed terms generalize that all agree or all do not accept, but not in the contract negotiation. The format of the contract is widely used in the social economic life. In the current economic life, the total number of people made the civil contract, format contract number occupies a large proportion, it accounted for about95%of the total number of the above contract. Even in a western scholars believe that the format of the contract in the modern market economy activities in the developed countries the ratio reached99%, has become the main form of contract in the current socio-economic activities, so some scholars believe that "we live in the format contract world". In the market economy of our country is not very developed today, the use of format contract, to a certain extent decreases for negotiation of the contract between the parties, save time and money, reduce transaction costs. However, the wide application of standard contract form also produced a series of theoretical and practical problems. First of all, the format of the contract in practice generally by the dominant party use, for the pursuit of profit maximization objective, it is possible by virtue of its advantage to many unfair, unreasonable terms, such as exemption clause is more common in practice, often lead to imbalance caused by the contract risk sharing.; secondly, because of the legislative system, judicial philosophy, theory research of format contract in our country is still in its infancy, legislation, judicial for the regulation of format contract is still inadequate, consumer rights awareness also needs to be strengthened. Although our country in the legislation regarding the format of the contract rules, but unfair, unreasonable contract format, in a market economy is still generally exist in large quantities, therefore, strengthens to the format of the contract specification, which is fair, reasonable, especially for the protection of the legitimate interests of consumers seem to be outstanding, with further improve helps to promote the construction of socialist rule of law in China, provide a good legal environment for the healthy development of the market economy. Based on the definition of format contract, format contract legal nature, characteristics and advantages and disadvantages of the analysis, a preliminary definition of the format of the contract, and draws on the experience of other countries for the legal regulation of standard form contract, discusses our country status in the legal regulation of the format of the contract and the existing problems, to establish and perfect with our country socialist market the economic characteristics of the format contract system put forward their views, suggestions.