On The Feasibility Of China 's Service Contract Legislation

Service contract is a contract to provide service. Service contract legislation aims to classify the contract which provide service, to establish a complete general rules-typical contracts system in order to systematize the service contract, and put it into the systematic legal regulation. This thesis based on the basic theory research of service contract, used the typological method, discussed the legislative pattern, re-categorization, general rules of service contract, and attempted to make some achievements in the service contract theoretical research aspect.In preface, the necessity of the legislation of service contract were described, and the feasibility of service contract legislation were briefly discussed from the foreign legislation experiences aspect and domestic legislation background aspect, and the function of typological approach were introduced. The first chapter emphasis on the basic theory research of service contract, at first discussed the definition and scope of service contract, which is the foundation for the further research and also the difficult point of whole research, analyzed and compared various doctrine of definition and scope of service contract; then starting from the difference of service and goods, demonstrated the characteristic of service contract, with the combination of realistic cases in the practice, elaborated the service contract characteristic of the concurrency of liability, persistence, blemish estimate and information asymmetries; the chapter two explored the feasible pattern of service contract legislation with the reference of basic theory and legislative practice. At first stated the academic research related to service contract, discussed the legislative and judicial practice of the status quo service contracts, and conducted comparative study of the current situation in Japan and EU in order to assimilate the profitable legislative experience to service contracts legislation in china; then discussed the feasible pattern of service contract legislation within the framework of Chinese contract Law, these patterns including the" Contract Law " general mode, the dominant mode of the hired work contract, the dominant mode of the commission contract, the parallel legislative model and typological model, and analyzed the pros and cons of each model and applicable barriers of each mode, and established the typological model as the ideal model of service contract legislation; Chapter three discussed the problem of re-typed service contracts, the systematic study of the service contract extends to the interior, with the reference to other countries legislation and the roles that famous contract played in the Chinese contract law, discussed the prototype of hired work contracts、commission contract、 storage contract, and analyzed the connection and difference of those prototypes; Chapter IV summarized the general rules of the service contract, and discussed the rule of rights and obligations of both parties and blemish estimate criterion; conclusions are summarized for full text and the feasible framework of service contract legislation is presented.