On The Legal Regulation Of Standard Terms Of Consumption Contract

With the improvement of social science and technology level and productivity,the rapid development of social economy,the emergence of monopoly enterprises,higher transaction efficiency requirements,so in the 19th century,first in the insurance industry and railway transportation industry,there were standard terms.Since 1920s,standard terms have been widely used in public utilities.After the 1940s,standard terms prevailed in the business field and gradually entered people's daily life.There are two sides to the standard terms.On the one hand,adding the standard terms to the consumption contract can improve the economic benefits,on the other hand,it will impact the theory of freedom of contract and justice of contract in the traditional contract law.Therefore,it is very important to regulate the standard terms of consumption contract and protect the consumers in a weak position.This paper is divided into five parts:The first part is to explore the necessity of regulating the standard terms of consumption contract.Including the analysis of the essence of the consumption contract and the standard terms,the difference between them and other contract terms,and through the various forms of expression of the standard terms in the reality of the consumption contract,the analysis of its theoretical deficiencies and the harm in the reality,in order to demonstrate the necessity of regulation.The second part is about the infringement of consumer rights and interests by the standard terms of consumer contract.This paper sums up several kinds of concrete cases of infringing the legitimate rights and interests of consumers by using the standard terms of consumption contract in real life,and explains them with examples to show the disadvantages of the standard terms in the consumption contract.The third part is the administrative regulation of the form clause of consumption contract.Administrative regulation is one of the important means to regulate the standard terms of consumption contract.Its regulation covers all periods of time,and the importance of improving administrative regulation is self-evident.The fourth part is the judicial trial of the dispute over the format clause of consumption contract.As the last line of defense,the people's court should make a comprehensive and complete analysis when solving the disputes caused by the format clauses of consumption contract.Based on cases,this paper leads to several problems that the people's court needs to investigate in practice,analyzes the shortcomings of judicial decisions,and puts forward solutions.The fifth part is the legislative improvement of the form clause of consumption contract.Combined with the previous administrative regulation and judicial issues,this paper leads to the importance of legislation on the format clause of consumption contract.This paper discusses the legislative types of the standard terms of consumption contract,discusses the legislative types and the legislative status quo of our country,analyzes the problems,and puts forward solutions to effectively make up for the deficiencies in the regulatory means,so as to better and more comprehensively protect the legitimate rights and interests of consumers.