Research On The Administrative Regulation Of Our Standard Clauses

The standard clauses is the product of social and economic development. From the liberal economy to present monopoly, economic agent has a higher and higher requirement towards promptness and convenience of trading. During this period of time, more and more businessmen applied to standard clauses because of its contracting advantage of efficiency and promptness, which has incomparable advantages over traditional contract of liberal economy. While its defects also exposed to the public with its frequent usage, that is, as an individual economic man, he pursues the maximum economic benefits, even at the expense of the trading counterpart or society. Therefore, a fully challenging issue is put forward, that is how to secure the benefits of others and society when make full use of standard clauses. I consider that regulating the standard clauses is the solution to the issue. Furthermore, I come up with the new idea of regulating the standard clauses on base of reading, analyzing and thinking heaps of related documents. First of all, stating the necessities of regulating the standard clauses from the perspectives of efficiency value of standard clauses, the conflicts between standard clauses and liberty of contract, and the clash between standard clauses and justice, and fully demonstrating the efficiency of standard clauses and necessities of its regulation. Then, pointing out the existing problems in our present administrative regulations of the standard clauses both in theory and practice after researching on it, which need to be dealt with immediately. Theoretically, the theories of administrative regulations are too obsolete to use, unaccommodated to our economic development; Practically, problems exist on legislation, methods and consequences of administrative regulation. Lastly, put up with my own ideas on perfecting our administrative regulations of standard clauses on account of those problems.The main contents are:First,background of selecting the subject, the research meaning, train of thought and methods.Second,the basic value of standard clauses and necessity of administrative regulation. Stating the efficiency value of standard clauses, the conflicts between standard clauses and liberty of contract, and the clash between standard clauses and justice, then drew a conclusion of the necessity of administrative regulations.Third,Our current situation of administrative regulations on standard clauses and its problems. I Point out the problems existing on legislation, methods and consequences of administrative regulation by stating the actuality of administrative regulations. Furthermore , some other problems also exist, for instance,the administrative regulation is restricted by legislation, integration of government administration with enterprise,abuse of departments'legislation, organization scattered, no unified administrative regulation system, the approaches to administrative regulation is relatively simnplistic, the deficiency of organizers---misunderstanding the laws, wrong in law implementation and so on.Fourth, advises on perfecting our administrative regulation of standard clauses: Mode selection of administrative regulation, the best choice would be the combination of precensoring and afterward intervention ; perfection of administrative legislation;Completing the organization system of administrative regulation ;Consummating the procecure system of administrative regulation.