Judicial Practice Problems Standard Terms Shoji

With the rapid development of the business, the contract has been more and more widely used in various fields of modern social and economic lives, especially in business activities, the contract being an important link of the trading activities.In some common trading activities, the common contents are summarized for the parties to follow; these terms summed up for the parties to follow are standard terms. Standard terms make great contributions to adapt the social situation, improve the transaction efficiency and reduce the transaction risk. However, standard terms are contract provisions which were prepared in advance by a party, and in the contract between a narrow sense of civil subject often exist some unfair exoneration clauses that bias towards the party who conclude the contract, which one in a strong position compel the other party to accept "unfair terms", resulting in the effect of the contract is classified as invalid; If there are standard terms in the contract that concluded between commercial subject, the contract seems a certain unfair and break the freedom of contract and autonomy of the will The commercial subjects draw up the contract in order to pursue the interests, and both parties have no objections in the course of concluding the contract, however,when the contract has a dispute, whether it should be identify the contract as endanger the basic principles of civil law and judicature spirit due to the presence of the standard terms, the contract is null and void. The contract law of our country and judicial interpretation standardized the standard terms are aimed at adequately protect the standard terms to adapt to the market economy, improve transaction efficiency and reduce the risk, meanwhile limit the drawbacks of the standard terms which does not adapt to the market economy and easily lead to imbalance between rights and obligations in the contract. But for the problem of the standard terms in the contract between the commercial subjects the legal norms of our country are not enough, I will analyze the theory, the content and different scholars’ views of "standard terms in the contract that concluded between the commercial subjects" by the real cases which the author provides assistance to undertake, meanwhile compare with other countries about the standard terms, propose author’s advice to improve the standard terms of business contracts in our current civil law system and trading habits, and want to achieve a combination of theory and practice, so that the standard terms can better perform its value and function in practice.