Research On The Systematic Regulation Of Standard Clauses

Formal clauses are rooted in contract freedom,but their actual utility instead restricts contract freedom.Its actual operation often runs counter to contract justice and becomes a tool for the powerful to plunder the weak in transactions.Although the titles of standard clauses differ widely in different countries,their legal principles are essentially the same.In essence,some contract clauses are not negotiated with the other party in the process of drafting the contract text,so there may be a predominance of the contract maker using his transaction.Indiscriminately restricting or even excluding the rights of the other party.In view of the existing legislative and judicial dilemmas,it is necessary for us to use systematic legal regulatory methods and regulatory thinking to effectively regulate the format clauses,and to carry out comprehensive and multi-level regulation of the format clauses through legislative,judicial,and administrative regulations..Among them,the legislative regulations are in a basic position and are the starting point of systematic regulation and provide a direct basis for other regulations.There is an obvious and sharp conflict between the current contract law and its judicial interpretation,resulting in no clear in the process of law application And the operational rules are guided by capital,it is difficult to form a unified set of measurement standards,making it difficult for the system value of the format clauses to play their due role in promoting transactions,but the law is not enough to be self-sufficient.Only by applying the law can the rigid Laws are transformed into living laws;judicial regulation is an important guarantee for the systematic regulation of format clauses,and it is the specific application of opposing regulations in specific legal cases,which has the most direct and important impact on the interests of the parties to the case;Administrative regulation plays an important supplementary role in systematic regulation.It should give full play to the contract supervision function of the market supervision and management department,continuously improve the legal quality and professional skills of market supervision and law enforcement personnel,and pay equal attention to formal review and substantive review,and avoid formal review only.In order to weaken the role of administrative regulation,at the same time,a comprehensive supervision mechanism should be established before,during and after the event.Not only should the contract submitted by the supplier be reviewed effectively,but also random inspections should be conducted for the implementation of the standard clauses.And deal with serious violations of laws and regulations found.As of now,our national code has beenadopted by the third session of the 13 th National People's Congress but has not yet been implemented.From the perspective of the published legal text,it is still in the general rules of the debt law to regulate the format clauses.There are many aspects,as well as the limitation of the length of the Civil Code,it is impossible to make more detailed provisions on the format clauses.It is still necessary to formulate special laws to regulate the format clauses,with a view to contradict the existing legal provisions and judicial interpretations It should be clarified to provide clear and practical regulatory guidance for the application of the law,so that the format clauses can be operated on the legal track and protect the legitimate rights and interests of the parties.