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格式合同的出现,对社会经济交易有极大的促进作用,它提高了订约效率、节省了时间、降低了成本,使交易便捷化。但其本身是一把双刃剑,它使相对方失去了选择合同条款的自由。更重要的是,其提供者往往利用优势地位,于拟定格式条款时有利于自己,不利于相对人,损害了社会的公平与正义。因此,我们必须要对格式合同进行法律上的规制。
The appearance of format contracts has greatly promoted the social economic transactions. It has increased the efficiency of contracting, saved time, reduced costs and facilitated the trading. But in itself it is a double-edged sword that gives the opposing party the freedom to choose the terms of the contract. More importantly, their providers often take advantage of their advantages to benefit themselves in formulating format clauses, against counterparties and undermine social fairness and justice. Therefore, we must make the legal regulation on the format contract.