合同自由与消费者权益保护

Contract liberty and the protection about the rights and interests of consumer

合同自由是现代合同法的基本原则 ,但格式合同的广泛使用 ,对合同自由原则是一个很大的冲击。为保护消费者合法权益 ,实现合同自由与合同正义的统一 ,各国立法均对格式合同规定了种种限制 ,我国也已从整体上形成了一套规制格式合同、保护消费者权益的体系 ,但还不够完善 ,仍应加强立法、司法、行政对格式合同的规制 。

Contract liberty is the fundmental in the modern Contract Law and is charged greatly by the standard contract having been used extensively in the meantime. Many kinds of leagl restriction have been made in defferent nations, in order to protect the rights and interests of consumer and achieve the unity of the contract liberty and the justice of contract, and so a serial of rules on standard contract have been worked out in the interest of consumer in our nation, but they should be improved by forfiting the legislation,the jurisdiction and the administrative in order to protect the leagl rights and interests of consumer relevantly.