Research On Legislation Of Service Contracts In China

Cooperation among humans is more and more closely. All things Internet is a trend in the moment. With the help of the Internet, Trafficking of intellectual and physical ones is faster and more diverse. The national status of tertiary industry is more important. The proportion of service economy in global GDP is more and more high. How to adjust and regulate the service trade is a question that needs to be faced and considered by the legislators of all countries and regions. Considering the characteristics of the service contract, the author thinks that service contracts in China’s current legislation has not adapt to the judicial practice of service contract. With China’s civil code of opportunity, it is necessary to consider new legislation of service contracts. Based on the comparison of contract legislative mode of Chinese Taiwan area and foreign service and the classification of service contract dispute case, the author aims to put forward to the the service contract legislation mode which adapts to judicial practice of our country and the structure of "contract law", general provisions. By the paper, the author hopes that my research can contribute to the legislation.The author defines a service contract as a service provider provides its own physical and non physical services, so that customers can enjoy the benefits of the service contract. Based on the advantages and disadvantages of various service contract legislation mode, the author thinks that in the future our country makes civil code, service contract legislation, it is recommended to take contract legislation mode, develop the general provisions of the service contract.The legislation system of service contract are discussed.The body can be divided into three parts according to the logic of thinking. Three parts can be divided into four chapters. The first part demonstrated China’s existing service contract legislation does not adapt to the judicial practice, so when we make civil code in the future, it is necessary to carry on the legislation of the service contract;the second part demonstrated that the service contract in our country should adopt what kind of pattern; the third part elaborated how to legislation the service contract in our country. The text is divided into four chapters. The first chapter mainly set out the definition of the service contract, briefly introduces the scholars classification of service contract;The second chapter by referring to relevant case illustrates the judicial dilemma of China’s service contract law. The plight of China’s service contract law shows the necessity of re-legislation of service contract. Then, i introduce the academic research on the service contract by the scholars of our country to show that China’s legislation on the service contract is feasible;the third chapter comments about legislation models in differrent nationals and regionals to provide a reference for Chinese service contract legislation. Then the author discusses our country service contract legislation mode; At last, based on the analysis of China’s service contract law system, the author applies the method of case study to construct the service contracts in general, then the author propose the the general provisions of the service contract in the fourth chapter.