The Survey Towards Format Term

Format term is the term that the clients formulate in advance in order for avoiding repetition utilization without negotiation with the other side. It meets the high-effective and low-cost demand of economic life with its simple and timesaving characteristic, and has incomparable advantages over traditional contract, and therefore, it is widely used. This kind of new contract-signing method meets the high-effective and low-cost demand of social economic development, and therefore, it is widely utilized. Among the total contract amounts that are signed between common people, the amounts of format term occupy about 99%. Format term almost already reach each aspect of social life in modern time. But, format term editors always depend on their advantageous economic status, pursue the uttermost benefits of own sides, and make unfair terms in the contracts, which severely damage the legal rights and benefits of the consumers, and are against the legal value of fairness and justice. Therefore, scholars in each country begin to conduct theoretic research towards format term. But, because the provision has shortcoming and lack necessary assorted system, format term incur large amount of problems in reality life, and incur many objections in academic field. The essay tries to refer to the theoretic basis which conduct research towards format term from Chinese and foreign format term theory, starts from jurisprudence, and conducts analysis towards the current existing problems of format term of our nation and its legislative shortcomings, and then, decides to choose which kind of mode to conduct regular control under the special economic system and administrative background, so as to protect the consumer's rights and benefits, maintain the fair and order market competition, and fulfill the value objects of fairness and justice. The write starts from this, analyzes the existing problem of format term related to our nation's real current situation, and make clear the definition of unreasonable term and some regulations including related legal almsgiving regulation, and etc, to protect the consumer's rights and benefits. The author bases the foundation on reference of the opinions of the previous generations, and combine own work experiences and life feelings, to conduct shallow discuss and research towards establishing healthy regular system of format term of our nation. The author expects that our nation establish the mode of focusing on legislative regulation that combined with administrative regulation, legal regulation, and self-disciplinary regulation. Step by step, managing the country with law would be established, but, at the same time, law cannot practice itself, therefore, it needs to combine with other regulation method to conduct limitation and management towards format term, and comprehensively utilize various kinds of method to supplement and help each other, to enhance and perfect the regulation of format contract, maintain the trade safety, and therefore, overcome the shortcomings brought by format term, maintain the lawful rights and benefits of both parties of the contract, an realize fairness and justice.