The Research On Regulation Of Standard Contract

In today’s economic environment, the terms of format has been widelyused in a variety of trades. The application of the format terms greatly reducesthe transaction time and brings a lot of convenience to the parties of thetransaction. As the saying goes, everything has two sides, we can not only seethe positive side, while ignore its negative side. Therefore, the strengthening ofsupervision and management of the standard terms appears particularlyimportant. The market-oriented economy starts only several decades, so therelated laws and regulations needs to be further improved. Because the standardterms of laws and supporting regulatory system have many deficiencies. Asthe typical representatives of the civil law, Germany starts earlier and has a setof relatively perfect legislative system. From the early German Civil Code to the2002revised German Civil Code, they have provisions of the general terms ofthe transaction. This paper starts with the new German law of obligations tostudy the standard terms regulation. The first part mainly tells the obligations in general terms of the transactionin new German law,including the inclusion of elements of the general terms ofthe transaction, the scope of application, and content control system and mainlydiscusses some provisions which have reference to China, such as the principleof transparency, gray list, blacklist system. Combined with my understanding ofthe general clauses of the transaction law in Germany, the highlights andshortcomings are discussed. This part shows the content of the transaction termsand makes people better understand the transaction terms.The second part discusses some of the basic theory of the standard clauses,from the rise of freedom of contract to its decline and the different definitionsand characteristics of different countries and regions about the standardclauses.Finally the positive and the negative effects brought by the standardclauses are discussed.The third part discusses the status of our standard clauses of legislation, andpoints out the gap between China and Germany and the inadequacies of standardterms in the administrative rules and regulations and in the judicial rules. Through the comparison and reflection, a fact can be seen that China shouldlearn from Germany in the proposed legislation. Only in this way it can trulyprotect the interests of consumers, promote social fairness and justice. Somemethods are advised from the aspects of administration of justice andadministrative aspect. Finally, some other ways are put up.