关于格式合同规制的思考

Thoughts on Rules and Regulations about Formatted Contracts

格式合同的产生和发展是20世纪合同法发展的重要标志之一。随着社会化程度的提高和公用事业的发展,格式合同被普遍地应用于现代社会生活的各个领域。与此同时,格式合同的广泛使用也产生了一系列理论和实践问题,有待于进一步研究和完善。本文借鉴国外关于格式合同规制的成熟经验和做法,就进一步完善我国对格式合同的规制问题进行分析,并提出个人的浅见。

The emergence and development of formatted contracts are an important symbol of the development of the contract law in the twentieth century. With the increased level of socialization and development of the utility service, formatted contracts are comonly used in various fields of life. Meanwhile, the wide use of formatted contracts has also brought about a series of theoretical and practical problems which are to be studied further. This paper presents an analysis on the further perfection of the rules and regulations about formatted contracts in China with the experience and practice of foreign countries as reference. And furthermore, some thoughts of the author are proposed.