The Content Regulation Of Standard Terms

In modern society, people use enormous standard terms to realize their daily contact, which changes the traditional negotiation pattern in making contracts and threatens the balance of presentation. Based on it, the countries of the world are all searching for the solution to both guarantee the standard terms offerees’ rights, and also intervene the freedom of contract excessively. As the theory of standard terms develops so far, it has four part: the standard terms concept theory, the standard terms entering into contract rules, the standard terms interpretation theory, and the content regulation of standard terms. This article focuses on the content regulation of standard terms. The main topics are the difference between the content regulation of standard terms and the content regulation of contract, the basic theory of the content regulation of standard terms, the related legislation and judgment of main countries in the world, and how the content regulation of standard terms develops in China’s judicial practice. The fundamental principle of the content regulation of standard terms is developing from the principle of public order and good social customs, to fair principle, and then to the principle of good faith. The rules of the content regulation of standard terms is developing from the case law, to special regulation, and the to entering into the civil code. However, China is still in the period of general rules and wild cases without classification. My article is in the exploration period in China’s process of the content regulation of standard terms.This article can be divided into the following parts: Firstly, to discuss the logic system and conflicts of China’s rules on the content regulation of standard terms in < Contract Law of the People’s Republic of China>、<Insurance Law of the People’s Republic of China>、<Law of the People’s Republic of China on Protection of Consumers’ Rights and Interests >, and the common pattern in judging the content regulation of standard terms and the inappropriate skills in China’s judicial practice; Secondly, based on the fundamental theory of the content regulation of standard terms, which is the autonomy of will and the balance of presentation, to discuss the rationality of the existence of standard terms and the necessity of the content regulation of the standard terms; Thirdly, to discuss the legislations in main countries of the world on standard terms, and to study the development, the solution, and effect of standard terms’ rules, which can give some reference to China’s standard rules; Finally, through classification and analysis of judicial practice,to find the solutions for China in the area of content regulation of standard terms.Through all above analysis, this article concludes following points: Firstly, to exclude the application of violating compulsory rules, and distinguish the core presentation terms and incidental terms; Secondly, to regard the optional rules as the norm for the content regulation of standard terms. Although, liking the various contracts, the diversified standard terms have their own character and cannot exhaust, classifying some common disputed standard terms is practicable. The study can push judicial unify, protect the rights of standard terms’ offerees better, and promote the healthy, orderly development of the market economy.