Thesis On Regulating Standard Terms

With the economic development and rapid increase of transaction volume, standard terms as a new way of contract establishment has been used everywhere in our life. To establish a contract with standard terms has become a conventional practice in some industries and has received much attention from the legislatives of each country.Though standard terms are helpful in clarifying the responsibilities of the parties and improving the efficiency of transaction, they do bring up some flaws among which are especially the betrayal to the contract freedom and contract justice. How to maintain their advantage in improving economic efficiency and overcome their bad influence on the consumers has become an important issue in the civil and commercial law theory study.The thesis starts with the basic theory of standard terms and draws on the foreign experience of regulating standard terms in order to analyze the insufficiency of standard term regulation in China and has an open debate on its perfection in a hope to benefit the standard term regulation in some way. Finally, the standard terms can be effectively regulated by utilizing legislation, justice, administration and other methods all together.In conclusion, this study is of great significance both theoretically and practically.