On The Format Clause

The formats Terms parties in order to facilitate future transactions repeated behaviordeveloped early, and did not consult with each other terms. In today’s market economyenvironment, the terms of format has been widely adopted, the advantages of low cost, highefficiency to meet the modern market economy, to bring unlimited vigor and vitality to themarket economy, has incomparable advantages of the traditional terms of the contract.However, China’s current legal system, there are lack of necessary regulatory means of thestandard terms of defects, bring some negative impact to the application of the standard termsin practice: provider of standard terms often have a market monopoly enterprises, theseenterprises, with its dominant position in order to pursue the maximization of their owneconomic interests, in terms of the format specified in the contract which available to tradingcounterparties, often against the legitimate rights and interests of consumers, in the meantimealso violates the fundamental values of fairness, justice and other legal. In this paper, as afoothold to analyze the status quo of China’s existing laws for the regulation of the standardterms, pointed out that one of the inadequacies and put forward suggestions for improvement.This article consists of five parts, a total of about17,000words.Part I: the the case introduce issues raised. The main content of Jianyang City, thePeople’s Insurance Company of China branch by Guoguang Agrochemical Co., Ltd. v. insuredproperty fire loss case introduction and analysis of the main issues of the case is controversial.Part II: the terms of which are summarized format. This section is mainly based on thetheoretical research and foreign formats Terms elaborated the concept of standard terms, thecharacteristics of the standard terms, the terms of the origin and development of the format,the standard terms exist practical significance. The contents of this section is the study of thebasic problems of the standard terms and made ready the positioning of the standard terms.Part III: the standard terms development status at home and abroad. This section focuseson the mode and our standard terms legislation in civil law and common law system,representative national regulation on standard terms. In foreign development status quomainly in Germany and the UK regulatory model for the representatives, elaborated itsregulated mode of characteristics, the domestic part of the mainly introduce our legislationand regulations system, judicial rules as well as the administrative regulation system, elaborated the three kinds of regulatory system mode of characteristics of its defects, and acomplete set of the need for regulation.Part IV: formatting effect to the provisions of the Contract Law and its judicialinterpretation. This section is mainly about the standard terms into our legal norms as well asChina’s Contract Law and its judicial interpretation of the provisions of the standard terms(which mainly include Article39and Article40of the Contract Law "and" contract lawexplained two "in the IX and X), analysis of the flaws and contradictions between theprovisions of the legislative status quo.Part V: The format of the terms of the perfect. This section is mainly for our standardterms regulatory status quo existence of defects on standard terms reasonablerecommendations from the Legislative Regulation, judicial rules, administrative regulationsmade three aspects, which the author proposed social regulation of the method to furtherimprove the terms of format, to strengthen the supervision of the standard terms andmanagement. This section and the fourth part is the focus of this article content.