Research On Standard Clause

Standard clause,which serves as a special kind of contract clauses,is the product of the rapid development of market economy.To realize high efficiency and maximize the profits,it has become a common practice for people to adopt standard clauses in transactions.However,the frequent use of standard clauses tends to result in a large number of contract disputes.Since the imperfect legislation about standard clauses and the conflicts between clauses create difficulties for judicial decision and cause different sentences for co-defendants,the author attempts to benefit both theory and practice by studying standard clauses.Specifically,this paper focuses on the problems with standard clauses and discusses the content of standard clauses in a logical and progressive manner.This article is divided into six parts and the specific content is as follows:Chapter 1 is the introduction.Firstly,it introduces the research background and significance of the standard clauses system.Secondly,it summarizes the domestic and foreign research results of the standard clauses system.Finally,it introduces the main research methods,research contents and innovations of this paper.Chapter 2 elaborates basic concepts of standard clauses in details.Firstly,it makes clear the concept and characteristics of standard clauses.Secondly,it analyzes application and legal basis of standard clauses.Finally,it introduces China's current legislation about standard clauses and enumerates a series of problems with current legislation.Chapter 3 mainly explores extraterritorial legal systems on standard clauses.Since many countries and regions have formed a complete legal system for standard clauses,the author mainly adopts relevant legal systems in Germany,Britain and Taiwan for comparative analysis.In the author's opinion,China can establish regulatory systems for standard clauses on the basis of the reference and criticism of these extraterritorial laws.Chapter 4 does a detailed analysis on the problems of the China's standard clauses in the contract.Due to the differences in the transaction counterparts,there are differences inthe way that the standard clauses enters into the contract.Therefore,this chapter mainly discusses the rules of the entering rule from two aspects of consumer contracts and commercial contracts.Based on this,it puts forward proposals for improving the entering rules of standard clauses.Chapter 5 is about the validity issue of the standard clauses.Combined with the latest General Principles of Civil Law and judicial practice cases,the author conducts in-depth research on the validity,absolute invalidity,and relative invalidity of the standard clauses.As for the conflicts and deficiencies in existing law,the author also puts forward proposals to resolve contradictions and improve the rules of validity of standard clauses.Chapter 6 is the interpretation rules of the standard clauses.This chapter mainly introduces the three special interpretation rules of the standard clauses and the interpretation rules of the exemption clause.It also specifically discusses the definition and application of the interpretation rules in the case of judicial practice.The author also analyzes the problems existing in the interpretation rules and proposes suggestions for improving the interpretation rules.