“最终解释权”条款的法经济分析

Law and Economics Analysis on Clauses of the Right of Final Interpretation

"最终解释权"条款在现实生活中被滥用,是因为这一条款带来的效益和支付成本严重失衡。这一格式条款既无法律依据又无理论基础,属于无效条款。如果经营者和消费者对条款发生争议,真正享有最终解释权的只能是仲裁机关和审判机关。

Clauses of the right of final interpretation are often abused in the real life,because the costs and benefits which are caused by the provisions are seriously disbalanced.The standard clauses which have not founded their legal basis nor the theoretical foundation are invalid.If managers and consumers have some disputes on them,only arbitration institutions and judicial institutions really have the rights of the final interpretation.