格式合同存在的合理性及其规制

随着市场经济的不断发展和完善,格式合同在当今社会中各个领域的运用也越来越多,因而判定格式合同合理性以及规制其不良影响和司法救济的问题成为现今法学界探讨的热点。本文中从格式合同的经济基础和理论基础两方面探讨了格式合同存在的合理性问题,同时又从立法和司法两个角度结合我国格式合同现状探讨了格式合同的规制问题。

Form contract existence rationality and its rules and regulations

Along with the market economy unceasing development and the consummation,the form contract each domain utilization also more and more are many in now the society,thus the determination form contract rationality as well as rules and regulations it not good affect and the judicial relief question becomes the nowadays legal science discussion the hot spot.In this article has discussed the form contract existence rational question from the form contract economic basis and the rationale two aspects,at the same time unified our country form contract present situation from the legislation and the judicial two angles to discuss the form contract rules and regulations question.