Research On The Legislation And Judicial Control Of The Formatting Clauses

In daily life,the most widely used trading method is standard clauses.Standard clauses can maximize efficiency.For example,For example,save the transaction cost,improve the quality of trade,maintain transaction security.At the same time,the formatting clause objectively limits the realization of equal status between the contracting parties.It hinders the full realization of the freedom of the contract.To this end,the formatting clauses are regulated by the contract law,the law on the protection of the rights and interests of consumers,the maritime law,the insurance law,the postal law,the maritime law,and the judicial interpretation.With the increasing complexity of social life,the existing legal norms can no longer fully meet the needs of transactions.Because of the increasingly complex social life,the existing legal norms cannot fully meet the needs of transactions."Repeated use","reasonable way to draw the attention of the other party","no effect" and "excluding the other party's main rights" is vague expressions of linguistic meaning.The legislative standard of a law within or between different laws is not uniform.The results include the following.The exemption clause of the 39 contract law and the exemption clause of the 40 contract law are inconsistent.The "obligation to perform instructions" in the insurance law is not consistent with the "obligation to perform" in the contract law.The difference between the contract template and the standard terms does not include "pre formulation","repeated use",and "no consultation with the other party".There is no specification for the formatting clause.There is no specification for the revocation of standard clauses,nor the specification of standard clauses.The judiciary is in trouble.It is suggested that we should learn from the latest achievements of the German Civil Code(2002)to enrich our standard clauses control system.We should establish the following rules and regulations:the guarantee rules of the formatting clause;the rules of prior notification,full understanding,and special notification;the rules of the formatting clause are selective and effective;the rules of invalid format clause;the rules for changing form terms.In judicial practice,we should establish the judicial goal of controlling format clauses.We should also establish the referee system for the identification of standard terms.