Research On The Function Orientation Of The Model Contract Text

Contract model text can meet the social,economic,political and other needs.Up to now,the function of contract model text has been adjusted many times.At present,the contract model texts of some industries are required to be used compulsively.The reason lies in the fuzziness of the function orientation of the contract model text.Therefore,it is necessary to examine the functional requirements and functional positioning of the contract model text at the level of response and reality.This paper is divided into five parts to study the functions of the contract model text.The first part examines the institutional changes behind the functional positioning of the contract model text.This paper briefly expounds the concept of functional positioning of contract model text.This paper mainly explores the system evolution of the contract model text vertically to clarify how the contract model text is needed.Since the founding of new China,the system of contract model text has undergone three vicissitudes,and each vicissitude is under the specific political and economic background in China at that time.The second part examines the function of the contract model text at the contingency level,that is,what the contract model text is like as the contract supervision and management.Firstly,it is explained that its theoretical basis as a means of contract supervision and management is that its public product attribute and value pursuit are consistent with the nature and principle of contract supervision and management,and its function of source control can also meet the needs of contract supervision and management.Then the article sorts out the three basic functions of the contract model text,namely the function of law,the function of administration and the function of economy.The third part examines the status quo of the functional positioning of the contract demonstration text at the level of reality.Mainly for 1699 copies of the contract law in the text demonstrative text up subject,implementing ways and characteristics of statistical analysis,found the departments and the administrative department for industry and commerce is the main and important to establish the main body,the implementation of the contract demonstration text way appeared high force,low force,free models and encourage the four kinds of control mode,the contract demonstration text features include guidance and standardization,fairness,and operability,etc.At the same time,it also sorts out the special situations such as the change of the control mode of the same contract model text of the specific contract type,the specific formulation subject and the specific region.Finally,according to the practical effect of the contract model text,the function of the contract model text should return to "implementation" instead of "use".The fourth part examines the functional positioning dilemma of the contract model text at the level of reality.According to the judicial practice and the statistics mentioned above,it is found that the legitimacy of contract administrative supervision is questioned,the inferior law is in conflict with the superior law,and the control mode of specific contract is easy to cause disputes and other difficulties.In the fifth part,the optimization path is proposed for the above dilemma.It is considered that the factors of judicial judgment,incentive mechanism,responsibility mechanism and use effect should be examined to optimize it.Specific to the Suggestions,combining with the current domestic "and to delegate" background as well as the above conclusion,from the healthy development of the system of contract demonstration text at the same time,saving the cost of administrative law enforcement and judicial cost point of view,the function orientation of contract demonstration text should be encouraged to control mode,and then think contract demonstration text should return to the legal nature of administrative guidance.Therefore,the dilemma of legal conflict is solved.There is nothing wrong with the free control in the contract law,while the subordinate law can adopt the encouragement control according to the incentive theory and abandon the compulsory control.As for whether a specific contract needs to adopt a specific mode of mandatory control,since there are alternative ways of contract supervision in China,this paper believes that it is not necessary.