Study On The Dispute Of Standard Terms Under The Background Of The Civil Code

The implementation of the standard clause system in China has been going on for many years,accelerating economic development,and related legislative work is also constantly advancing.In recent years,the promulgation of the Civil Code has played a certain role in improving the legislation of standard clauses,expanding the scope of the provision provider’s obligation to present,clarifying the legal consequences of failure to fulfill the obligation to present,and providing a more detailed classification of the invalidity of standard clauses.Although the details of these new regulations have not yet been improved and further legislation is needed to refine the standards,overall,the shortcomings are not overshadowed.In addition,there are also some other issues in the legislation of standard clauses,and the academic community still has different understanding of the important elements and application scope of standard clauses.Typically,there has been controversy in the academic community over whether“reusability” is one of the constituent elements of standard clauses.The Civil Code has reintroduced the “repeated applicability” removed from the draft into the definition of standard clauses,affirming the positive role of “reusability” in distinguishing standard clauses.However,in practice,the issue of unclear criteria for judging “reusability” still exists,We should refine this standard in future legislation.Secondly,there is no clear provision in the Civil Code on whether the protection of standard clauses applies to commercial transactions.It seems to imply the application of standard clauses in commercial transactions,but it does not provide a theoretical basis for the inconsistent recognition standards of standard clauses in commercial and consumer transactions in practice,even if such application is in line with the legislative purpose of balancing the inequality between the two parties in standard clauses,We should still make clear provisions in the form of legislation,unify theory and practice,better protect commercial subjects and consumers separately,strictly limit the discretion of judges,and make judgments as legal as possible.Only in this way can the application of standard clauses be more widespread and better promote economic development.