Empirical Research On The Rule Of Obvious Fairness Identification

The system of obvious unfairness is one of the most frequently used provisions in disputes of the effectiveness of civil legal acts.Judicial case is "law in action",it is necessary to sort out the current situation of the system of obvious unfairness in trial practice.Judging from the distribution of the unfair system in the selected 842 effective judgments,both the court level and the trial level are inversely related to the identification rate of obvious unfairness.In addition,after the implementation of the Civil Code of the People’s Republic of China--General Part,the rate of the determination of obvious unfairness based on a single element has dropped significantly than before,which shows that Article 151 of the Civil Code of the People’s Republic of China--General Part has made extremely important effects on the judicial application of the system of obvious unfairness system in China.The determination of subjective elements is mainly in a state of distress and lack of judgment,most of the objective imbalances involve differences in amounts,and a few involve unequal rights and obligations,and most judges use 30% as a criterion when judging whether the amount is significantly different.After a classified analysis of obvious unfairness contracts,it is found that the identification and influencing factors of the obvious unfairness of contracts in different fields are different.In civil and commercial contracts,when the other party has certain transaction experience,the court usually does not consider the contract to be unfair.As the personal injury compensation agreement involves human survival rights,the contract is found to be unfair and the rate is high.A very important criterion for judging whether a victim has the ability to judge is whether a disability rating has been made when the agreement was signed.The field of marriage and family is affected by identity relationships,and the principle of fairness is not the only criterion for measuring such agreements.Based on this,the determination of objective requirements is comprehensively determined by taking into account the proportion factors,absolute data,the purpose and nature of the contract,and the relationship with other related transactions.Thedetermination of subjective requirements has different judgment standards depending on the transaction area.In addition,the steps of determining that the contract is obviously unfair should adopt the method of reverse order determination,and build a layered,flexible relief system.