On The Determination Of The Validity Of Standard Clauses

The cognizance of the validity of the standard terms is of great importance to protect the interests of the weak parties in the contract,maintain the stability of economic order of the socialist market,save time,reduce costs and improve efficiency Based on the cognizance of the validity of the standard terms,this paper aims to discuss the problems and find solutions to these problems exposed in the legislation of standard terms,in the process of signing the contract and the implementation of the contractThis paper takes "On the Validity of the Standard Terms" as the title and is composed of four partsThe first part elaborates on the basic theory of the validity of the standard terms This part mainly aims to explain the concept and characteristics of the standard terms as well as the meaning of the validity of the standard terms,analyze the nature of the standard terms,and the specific factors affecting the validity of the standard termsThe second part expounds the legislation of the Contract Law and the Judicial Interpretation of Contract Law(II).Then the author points out that the inadequacy of the validity of the standard terms is mainly reflected in several aspects.First,contradictions of some laws and regulations lead to the contradiction of cognizance of validity of the standard terms.Second,rough division of validity leads to differences in cognizance.Third,loose regulations over explanation obligation affects the result of cognizanceThe third part proposes corresponding suggestions to improve inadequate legislation discussed in the second part.This part is the most important part.The proposed suggestions include:ways of eliminating the conflicts of standard terms,refining the criteria of the validity of the standard terms,strengthening the sincerity of the standard terms to reduce disputes of the cognizance;enhancing the explanation obligation to improve of accuracy of validity.The fourth part linking theory with practice,analysis of the revocable and invalid application of standard terms in different cases,analyzes and reviews how the proposed suggestions mentioned in the third part works in specific cases.At the same time,it analyzes and summarizes some outstanding problems exposed in many cases with the help of justice practice in the hope of improvement in the accuracy of validity cognizance of standard terms.