The Legal Regulation Of Consumer Contract Terms Of Format

Based on the terms of the social practice of improper format against the various manifestations of consumers, combining the basic concept of the civil law freedom of contract, equity, justice and other met hods to discuss the legitimacy of its legal regulation, through the civil world, the Anglo-American system of legal regulation system for consumers form contract analysis, and then make recommendations to improve our current legal system, to achieve the interests of consumer protection law and justice values.This paper is divided into four parts and talk, the first part is an overview of consumer contract terms of format. From the origins of the standard terms, concepts, features start, and then analyzes the particularity of the standard terms of consumer contracts, compared the similarities and differences between the commercial contract terms and the terms of consumer contracts format, for the following analysis of the legitimacy of legal regulation mad e bedding, final format by introducing consumer contract terms to gain insight into the performance of its characteristic form.The second part is the legitimacy of the analysis of consumer contract terms of format legal regulation. This chapter from the s tandard terms of the value level, combining the use of social practices that exist in terms of format type against legitimate interests of consumers, the pros and cons of standard terms for further analysis, focusing primarily on the analysis of its drawba cks, combined with consumers’ rights and production operators obligation, to evoke the theoretical basis and practical significance of the argument in this article.The third part is a consumer contract terms of format in regulatory status quo of different countries study and summarize the main focus on the legislative, judicial, administrative or three fronts, and by analysis of the actual situation of China’s standard terms of legal regulation in order to find a suitable for China conditions of legal regulation methods, means.The fourth part is how to improve the terms of our existing consumer contract law regulation system format, is the core focus of this paper. By demonstrating the above analysis, the paper suggests that China should adopt a gradual progressive legal regulation system, namely to modify and improve the "Contract Law", "Consumer Protection Law" and other related laws and regulations, mainly the introduction of public interest litigation or Group mode litigation and other procedural safegu ards; strengthening of judicial review of consumer contract terms of format, improving quality of judges, detailed explanation of specific rules, such as the establishment of measures for case guidance system; in terms of administrative regulations, and fu rther refinement of administrative responsibility perfect separation between government and enterprises, clear responsibility and accountability of administrative supervision and other proposals.