General Provisions In The Legislation Of Service Contract In China

Service is becoming more and more important in today's economic society,and contracts for services are becoming more and more common.The adjustment of service legal relations has become an important legal issue in modern society.In the civil code of the civil law system,the service contract is one of the basic types of contract based on the current legislation,but the service contract itself has not become a famous contract stipulated by law.Due to the general rules of contract law and general behavior is mainly in the sales contracts based on the construction,is difficult to achieve a comprehensive specification of the service contract,the legislators usually take the following solutions: on the one hand,the contract in the specific provisions of the specific provisions of various types of possible common service contract,in order to achieve targeted adjustment;another for ease of civil legislation was foreseeable limitation of type,which gives a specific type of service contract supplement the general status of law.For example,in the Swiss code of debt and the civil code of the Taiwan region of China,it is expressly stipulated that the terms of the appointment shall be applied in the atypical anonymous service contract.However,the legislative model is not only constantly questioned in theory,but also often appeared in the judicial practice of the embarrassing situation of being evaded.Enter after twenty-first Century,in many well-known scholars to participate in legislation and the representative of the research results,a more comprehensive service contract with a general model for specific provisions on legislative technique,and specifically the creation of the general provisions of the relevant service contract,such as "European private law principles,definitions and model rules of common reference architecture draft" in the provisions of the "general rules applicable to the service contract",Japan "to correct the basic principle of" creditor's rights law related to the formation of a "service contract with" general provisions.In contrast,not only the general provisions of China's current contract legislation does not have the service contract,and participate in the drafting of many well-known scholars in our country,the existing three drafts of civil code,nor put forward legislative proposals relating to the general provisions of the service contract.In view of the service has the characteristics of intangibility,according to related famous contract legislation to define the general orders and service contract,and are applicable to the dilemma in judicial practice,it is necessary to reflect the provisions of traditional service contract legislation mode,seeking new change rules.This paper will carry out the service contract the general rules and legislation on China's legislative system discussion,suggestions for reconstructing China's service contract,service contract in the "contract law" provisions as a contract provisions,and construct the general provisions,as all the service class with the concept of law,provide legal guidelines the service contract parties.While the people's Republic of China promulgated the "opportunity law",the general provisions of the legislation on the service contract more normative theoretical research demanding,in order to provide a useful reference for the service contract in our country in future civil law legislation.