Research On The Regulation Of Standard Clauses In Consumption Contract

With the deepening development of economy and the continuous improvement of market trading volume,standard terms have been widely applied.Although standard terms can improve economic efficiency and save transaction costs,there are still numerous legal issues.The standard terms in consumption contract reflect the interests of the operators,who take the standard terms as a tool to seek profits through risk transfer,which inevitably involves unfair and unreasonable terms such as restricting the rights and interests of consumers and exempting themselves from liability.Although with the development of The Times,the content and form in the consumption contract have been improved,the standard terms are gradually far from the needs of consumers.In order to protect the legitimate rights and interests of consumers effectively,it is important to study the regulation of consumption contract format terms.In our country,the consumption contract standard terms regulation mainly consists of legislative regulation,administrative regulation and judicial regulation,which can achieve the ideal regulation effect by working together.It is found that there are some problems in regulating the standard terms in Chinese consumption contracts,such as unclear provisions of invalidity,conflict of expression in adverse interpretations and unclear provisions of presentment.In terms of the administrative regulation of the standard terms in consumption contracts,the administrative monopoly field will have its own supervision situation,and the standard terms filing system has local differences.In the aspect of judicial regulation,due to the imperfect legislation level,the judicial standard is not clear,which depends on the individual discretion of judges.There is rich experience in the regulation of standard terms in foreign countries.In the regulation practice,they can clearly define the power exercise and supervision scope of each department.Meanwhile,they study consumers as a group and emphasize the collective interests protection.It is essential to perfect the regulation of standard terms in consumption contract according to the present regulation situation of the standard terms in consumption contract and the regulation experience in foreign countries.Firstly,in terms of legislative regulation,it is necessary to improve the legislative norms of consumption contracts,supplement the invalid provisions of exemption clauses,perfect the adverse interpretation clauses and refine the relevant provisions of operators’ duty of presentation.Besides,in terms of administrative regulation,the original supervision system should be broken,the allocation of power between the central and local governments should be clarified and the system of registration,disclosure of standard clauses should be implemented.In addition,in the aspect of judicial regulation,it is of most significance to determine the standard of judgment for standard terms in consumption contract.Meanwhile,we ought to improve the social supervision of the standard terms in consumption contracts,give play to the role of trade associations in social supervision about the standard terms and give consumers the right to file public interest lawsuits.Of course,the regulation on the standard terms in consumption contracts should take into account the adverse effects on business operators while protecting the rights and interests of consumers,so as to approach the ideal state of regulation effect.