On Standard Terms

Standard terms are the logical products of the social economic development. Nowadays, standard terms have been widely used in our life. The standard terms are helpful in clarifying the responsibilities of the parties, improving the efficiency of transaction and they greatly promote the development of social economy. But, at the same time, the standard terms greatly conflict with contract freedom and contract justice. It has become an important issue in the civil and commercial law theory study as to how to maintain their advantages in improving economic efficiency and limit their bad influence.The thesis starts with the basic theory concerned standard terms, analyzing the standard terms'definition, values, juristic features and their advantages and disadvantages. It then explores the terms of the format into the contracts, the interpretation of standard terms and their effectiveness. In the end of this thesis, the author analyzes in detail the current situation and the insufficiency of standard term regulation in China and draws on the foreign experience in regulating standard terms, making suggestions on perfecting standard term regulation from legislation, administration and judicature in order to benefit the standard term regulation in some way.