Research On The Legal Regulation Of Unfair Format Terms Of Public Enterprises

The various characteristics of public enterprises and their relevance to people’s lives and production determine that this industry must accept government regulation and assume certain social responsibilities.However,why the behavior that the public enterprises have repeatedly adopted unfair format clauses to damage the legitimate rights and interests of users and consumers has not been punished,which is very worthy of people’s thinking.Among them,whether the supervision is in place,whether the supervision is put into effect,and whether the laws such as the Contract Law and the Consumer Rights Protection Law have effectively restricted the format clauses are questions worthy of consideration.The unfair format clauses of public enterprises are called “imparity clauses” by the ordinary people.This article will mainly study the nature of the unfair format clauses of public enterprises,analyze the reasons for the unfair format clauses of public enterprises,the background,and Harm brought;analyze the particularity of the unfair format clauses of public enterprises,and compare with other general enterprises to get unfair format clauses different from other enterprises.The unfair format clauses of public enterprises have the foundation to provide products,The characteristics of the service target are popular and the scope of violation is wide.However,regarding the unfair format clauses provided by public enterprises,our current legislation,law enforcement and judicial mechanisms have not been able to demonstrate their value well,at least their regulatory effects have not met people’s expectations.In the future,what kind of legal countermeasures will be adopted to better control the unfair terms provided by public enterprises? This is not only an important issue facing China’s economic life,but a major issue facing China’s economic law community.This article strives to discuss the real situation of the legal supervision of unfair format clauses provided by public enterprises.After studying on foreign experience and analyzing and comparing the different opinions put forward by Chinese scholars,By putting forward some opinions and suggestions that are not perfect enough,By putting forward some opinions and suggestions that are not perfect enough,I hope to get better ideas from others.In the structure of the article,in addition to including the introduction and conclusion,the text is composed of five parts:The first part,which is also the second chapter of the article,Through the introduction of the unfair clauses of public enterprises,to summarizes the definition of public enterprises and format clauses by analyzing the fairness of format clauses and analyzing the characteristics and causes of unfair format clauses.The second part,which is also the third chapter of the article,analyzes the necessity and possibility of the legal supervision of the unfair format clauses of public enterprises,and answers the theoretical and practical aspects of why the legal supervision of the unfair format clauses of public enterprises problem.The third part,which is also the fourth chapter of the article,summarizes and analyzes the current situation and existing problems of the legal supervision of unfair format clauses of public enterprises in China,and points out that there are defects and contradictions in the relevant legislation of the existing legal system of China It is difficult for the staff to define the nature of the problems in the relevant format clauses,the special governance effect of the contract format clauses is difficult to be guaranteed,and the "observance of contract and credit" selection activities are difficult to obtain the expected effects.the reason.The fourth part,which is also the fifth chapter of the article,summarizes the relevant practices of foreign countries competing for the legal supervision of unfair format clauses of public enterprises by comparing relevant foreign experiences.The fifth part,which is also the sixth chapter of the article,proposes solutions to improve the legal supervision of unfair format clauses in public enterprises in China,and is full of expectations for the future.These suggestions mainly include: formulating a single-line format clause law and industry specifications,constructing a format clause review mechanism,and strengthening special supervision on unfair format clauses.