On The Protection Of Consumers' Welfare Under The Pattern Of Social Typical Act

In modern times, The social typical act has been the basic act for regular consumers to meet their basic needs. The "social typical act" theory was expounded by professor Larenz to develop the third type of professor Haupt's theory of contract implied-in-fact. According to these theories, because of the existence of the compulsive contract and the standard form contract, the juristic act might be formed without the declaration of will of the parties in many circumstances.In the pattern of social typical act, there are always some beneficial invasions happened to consumers. When I find the causes, I know that under the pattern of social typical act, some flaws of the declaration of will arise when parties conclude their contracts. It is just these flaws that give the provider of products and services some privilege to invade the benefit of consumers regularly. Because there are no specific regulations in the existing legislation, the consumers' welfare have no solid guarantee.This article will conduct a legal analysis through the angle of historical development and theoretical analysis, then study the performance of the invasion of the consumers' welfare and the causes of the flaws of the declaration of will under the pattern of social typical act, combined with the theory of social typical act and the trial experience in developed countries, according to the realities of China's national conditions, I will discuss the basic ideas of how to protect the welfare of the consumers under the pattern of social typical act, which will give a is for the legislative reference.