Administrative Regulation On The Format Of The Contract

With the continuous development of market economy, the proportion of format contractin China is more and more big, in daily life, we all can contact a lot of different formatcontract, according to statistics, per person per day contact with the format of the contractproportion reached99%.Deficiencies in the format of the contract because of its convenience,occupied our lives but the format contract has its inherent, it is a violation of the traditionalfreedom of contract, especially in recent years, increasing due to the use of the format of thecontract and infringement of the rights and interests of consumers. Therefore, we shouldconsider how to better regulate the format contract, now mainly legislative regulation, judicialregulation, administrative regulation three regulation, defects and legislative and judicialregulation has its inherent, so this paper mainly focuses on the administrative regulation toexplaining this paper, through analysis of China’s administrative regulation situation andoverseas about the format of the contract administrative regulation mode, finally puts forwardthe administrative regulation on the format of the contract of the constructive suggestions, inaddition to the preface and conclusion, is divided into five parts:The first part is an overview of the format contract. This part first introduces thedefinition of the format contract. The format of the contract refers to a party to advance thedevelopment and use of repetition, and not allow relative parties to the case, the clause as allor part of the contract content and not specific to third people contract. And then introducesthe characteristics of the main contract format. Then analyses the legislation of standard formcontract in China, it is pointed out the main problems of format contract legislation, includinglegislation and legal content. Finally, the advantages and disadvantages of format contractanalysis in order to better regulate.The second part analysis the problem and the necessity of its existence, the format of thecontract status of administrative regulations. Our country regarding the administrativeregulation of standard form contract in the law only "contract law" article127th has some representation, but the legal description is not clear, the lack of specific regulations, andadministrative regulation on the format of the contract both in human and material resourcesand in effect, regulation and control efforts are not enough only by the administrativedepartment for Industry and commerce. So we should carry out some specific refinement inthe administrative regulation, set up special organizations for administrative regulation on theformat of the contract, and these institutions to the laws and regulations on the specificpowers, so that they in the process of law enforcement to achieve effective law enforcement.The regulation method of format The main contract legislation regulation, judicial regulationand administrative regulation three. Defect of legislation and judicial regulation has itsinherent, only the two can not do effective regulation on the format of the contract.Administrative regulation is insufficient, their own advantages to make up for the legislativeand judicial regulation, therefore, it is necessary to study the administrative regulation.The third part is the administrative regulation on the format of the contract of foreign andTaiwan region. In our country to the format of the contract administration started relativelylate, so we should learn from other countries experience. This part mainly introduces thepractice of the format contract administrative regulation, the United States, Japan, EU, SouthKorea and China’s Taiwan region. The EU as a relatively early start to pay attention to theregulation of standard form contract area, it has regulation of format contract to determine theadministrative organ, investigation, consultation and guidance in the right order right. For theUnited States and Japan mainly by way of example to explain the specific content of theadministrative regulation. For South Korea, mainly introduces the system and measures of itsadministrative regulation. In the Taiwan area of administrative investigation, administrativeguidance, administrative punishment, administrative order four aspects to introduce.The fourth part is the administrative regulation limits. Under the civil law tradition offreedom of contract, format contract for administrative regulation itself is the traditionalaccounting adjustment, is also a manifestation of the executive power to intervene the civillaw domain, so in the process of how to better regulate administrative power is a veryimportant problem. So, this part mainly for administrative regulation limits for a simple description. From the two basic principle, legal reservation and the principle of explicitauthorization to carry out instructions, aims at the administrative regulation on the format ofthe contract to set up a proper standard.The fifth part is the format of contract in China’s administrative regulation advice. Thispart is the main part, through theoretical analysis and practical experience appeal abroad andthe status of our country, this part suggests theoretical achievements of the various aspects ofthe integrated. One is to improve the reform of administrative legislation, governmentregulation of format contract behavior. This part is mainly about the administrative regulationof the basis of administrative legislation, only the perfect legislation, the law enforcementprocess can be guaranteed. And the government regulation of format contract behavior alsoexists some problems, we must change. The two is for the establishment of preventivemechanism. As the saying goes "nip in the bud, solved beforehand than relief is much better.Mainly from the organization, the contents of the contract, a description of the establishmentof the prevention mechanism of the concrete system. Three is the procedural mechanism offormat contract formulation. Procedural justice is the realization of substantive justice, sowhether the format of the contract procedures established by scientific and reasonable issignificant, mainly from several important program talk about doing a complete description ofthe format of the contract making procedure mechanism. Four is the format of the contractadministrative punishment mechanism. No institution can’t punish to obtain the very goodimplementation, an important reason for the unfair contract in the form of more and more isalso China’s lack of the punishment mechanism, certain therefore, our country should refinethe punishment standard and follow the principle of punishment, in order to eliminate thefluky psychology.