About Standard Form Contract

The Standard Form Contract has been the widely used contract in current economic activity, such as banking, insurance and telecommunication since 19th Century. It is obvious that Standard Form Contract has advantages of being convenience and efficiency. However, it has disadvantages, such as unfairness which could hurt the consumers. This fact has brought the great attention. To face such a fact, the author gave her opinions from the following views.In the first section, the author gave the general definition of standard form contract, its legal characteristics based on the different definition of standard form contract and concept analysis in different countries. The author also gave a detailed analysis of standard form contract legal characteristics, such as the characteristic of comprehensiveness, lastingness and specificness; pre-decision of unilateral; criterion, perfection and shapeliness etc. The author addressed the property of standard form contract in the last part of the paper and analyzed the contract theory and non-contract theory. The author kept the point views of contract theory.In the second section, from both the positive and negative sides of the standard form contract, author analyzed the conveniences and defects in the social activity. The advantage of standard form contract is that it can reduce the overhead, increase the efficiency of trading, maintain the stability and security of daily trading activity and show the value of fairness. The defects lay in the aspect of violating the contract freedom principle; the unfair clause despaired the benefit of partyB etc. The author analyzed the beneficences and defects of contract and the reason of value conflict. The author analyzed the current regulating methods from the aspects of legislation , jurisdiction, administration and self-discipline, Definitely strengthen the protection principle to the weak in law .In the last section, the author was more focused on perfection on the model of standard form contract.First, the author analyzed the origin and existence of standard form contract in China, and its unique characteristics compared to other countries. Based on the examples, the author explained the current status of standard form contract in China. Later in this section, the author pointed out the rules that we have to follow strictly in standard form contract: 1 .To enforce the protection of the weak benefit; 2. break monopoly and introduce competency. In the last part of this section, the author gave suggestions of how to improve the standard form contract system, especially from the legal point of view.