Research On Regulation Of Standard Terms

The wide application of the standard terms can improve the efficiency of the transaction,save the transaction cost,but on the other hand inevitably cause the abuse of the unfair form of the provisions of its regulation is particularly necessary.In this paper,the format of the provisions of the regulation,from the legislative,judicial,administrative,social regulation of the four parts,a comprehensive discussion of the regulation on standard terms.This article consists of five parts,about thirty thousand words.The first part of this article is an overview of the standard terms.Before the regulation,the standard terms is identified,and then the connotation of the standard terms regulation is explored,and the standard terms regulation is divided into four categories,including the legislative regulation of the standard terms,the judicial regulation,the administrative regulation,the social regulation,Structure of the development of foreshadowing.Then the legitimacy and necessity of the regulation of the format are studied.The second part of this paper is the legislative regulation of the standard terms.First of all,it analyzes the current situation of legislation in our country,analyzes the legislation of the order format,including the Law on the Protection of Consumers' Rights and Interests,the Contract Law and its judicial interpretation,and then finds out the insufficiency of the legislative provisions of China's standard terms,And on the basis of learning from the experience of foreign advanced legislation,put forward the perfection of the legislative provisions of China's standard terms.The third part of this article is the judicial regulation of the standard terms.First,the review of the terms and conditions of the format,format terms as a special contract terms,offers and commitments have their own special requirements;and then explain the format of the provisions of the standard terms of the interpretation of several rules;Finally,the effectiveness of the standard terms to determine,In addition to discussing the general rules of the terms of the format,we also discuss the validityof the two special format terms of agreement and agreement.The fourth part of this article is the administrative regulation of the standard terms.This paper analyzes the status quo of the administrative regulation of the standard terms,and points out that the administrative regulation of the standard terms does not form a unified regulatory system,lack of regulatory means and low efficiency of supervision,and makes perfect measures according to these deficiencies.