Research On Legal Regulation Of Standard Clauses In Consumer Contract

Format clause in consumer contract is widely used in real life,and a series of problems will inevitably appear in the process of operation.At present,there are disputes about the definition of standard clauses,the definition of consumer contract,the rules of incorporation and interpretation of standard clauses in the theoretical circle,and the application of standard clauses is quite necessary,the conflict between freedom of contract and substantive justice,the boundary between government regulation and market economy,and the various rules of trial in judicial activities,etc.,need to be studied and discussed on such issues,make the standard clauses of consumer contract give full play to its positive role,at the same time protect the legal rights and interests of consumer to the maximum extent.In view of this,the article has launched to the consumer contract in the form of the clause of the legal regulation.The full text divides into four parts:The first part is to the consumer contract as well as the form clause outline.On the one hand,from the current theoretical concept of standard terms,combined with the reality study,summarized the definition and characteristics of standard terms,and the standard terms and model contract discrimination,easy to distinguish in practice.On the other hand,from the point of view of consumer contract,it analyzes the characteristics of consumer contract compared with other contracts,and summarizes the concept of consumer contract.The second part is to analyze the current situation of the regulation of the standard clauses of consumer contract in China.From the legislative regulation,judicial regulation and administrative regulation,through the way of practical cases,the current situation of regulation in this field in China is summarized.The third part is the analysis of the consumer contract form clause in the application process of the problems.First of all,from the examples of the rise of the current network transactions to find the actual problems,and from the legislative,judicial,administrative three angles to find the problem.The fourth part is the concrete regulation suggestion.At the legislative level,it is suggested that the problem of legislation should be resolved by local ordinance rather than by the enactment of a Basic Law,and at the judicial level,both procedural and substantive,to study how to maximize the protection of the legal rights and interests of consumers in the judicial field,and finally to the administrative level,the most important of which is how to grasp the boundary between administrative supervision and market behavior,and to strengthen the construction of hardware,improving the effectiveness of regulation.