Research On Service Contract Typed Legislation

Nowadays,vigorous development of the third industry with the help of the Internet shows a tendency of diversification,service has been occupies an extremely important position in economic and social,thus for exchange of intangible service contract is also more and more,to legal adjustment service become the important legal phenomenon of contemporary economic society,strengthen the legal norms of service contract law have become the important research subject.Based on the specific provisions of our country civil code compiling the era background,borrow the rebuilt of the specific provisions of contract law,through using the method of service contract typed,based on the service contract basic theory research,the reference case,using the experience of domestic and foreign related legislation and theoretical research,to the service contract of classification and content of legislative pattern and so on discussion,in order to service contract legislation work to contribute a little.In this paper,the whole is divided into introduction,text and epilogue three parts,preface to starting from the research background and significance of the full text,solutions for reference of the existing literature on paper,absorb and draw lessons from foreign comparative study,as well as Taiwan,Japan and other places of jurists service contract theory research results,summarized the core idea,idea and method of study,this article,on the basis of the experience summary,put forward in this paper,the innovation content.The basic theory of text by the service contract,the actual state of legislation in the service contract and comparative law,investigation,the basic types of service contracts to explore as well as our service contract typed legislation mode of thinking of four parts.Full text from the connotation of the service contract extension and the typed value for research,summarizes the concept of service and service contract,analyses the characteristics of the service contract and its scope,and then from the Angle of macroscopic comprehensive analysis of the value of the service contract typed.In our country on the basis of existing service contract law at present,combined with some real cases,summarizes the service contract of the insufficiency of the applicable law in our country,as well as the service contract in contract law,the necessity of famous,typed legislation comparative law research results at home and abroad for reference,absorption of the European Union,the Netherlands and Japan service contract legislation experience,to provide reference for our service contract typed legislation,the author has summed up the total service contract-legislative model.Given the important role of basic types in the service contract,in the light of the concrete service contract theory and the judicial practice to determine the nature of and the types of belonging controversial this problem,this paper discusses the basic types of characteristics and types of difference between each other,at the same time,the demonstration draft civil code of Europe and Japan for reference the basic principle for creditor's rights law revision of legislative experience,the author boldly to our service contract contract,commission and takes care of the three basic types of contract.End at the end of the article based on the analysis of above,for our service contract provide Suggestions for the selection of legislative model,and aims at building the codification of specific provisions of general service contract and service contract,especially the service contract under a type of classification,put forward feasible legislation framework.Epilogue part to a summary of the full view,clearly put forward the total-legislative model,and three basic service contract types into a famous view of the contract,and compiling work of our service contract legislation rationality outlook.