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作为契约法在二十世纪的新发展,格式合同得到了广泛的应用。格式合同的采用有利于减少交易成本,促进企业合理化经营,对消费者也甚为有利。但是格式合同排斥协商谈判的特性,使传统民法上的契约自由原则受到很大限制。实践中,格式合同往往由处于垄断地位的企业、公益事业等组织单方拟制,它们为追求自身最大化目标,往往拟订不公平、不合理格式条款,使格式合同成为经济强者压迫经济弱者的依据,损害消费者利益。因此,我们需要反思关于格式合同的规制机制,从而完善有关格式合同的法律制度。
As the new development of contract law in the 20th century, the format contract has been widely used. The adoption of the format contract is conducive to reducing transaction costs and promoting the rational management of the enterprise, which is also very beneficial to consumers. However, the formal contract exclusion negotiation negotiation characteristics, so that the traditional civil law contractual freedom principle is greatly restricted. In practice, the format contract is often unilaterally drawn up by monopolies enterprises, public welfare organizations and other organizations unilaterally. In order to pursue their own maximization goals, they often formulate unfair and unreasonable clauses that make the format contract an economic strong to oppress the economically disadvantaged Basis, damage to the interests of consumers. Therefore, we need to reconsider the regulatory mechanism on the format contract, so as to perfect the legal system on the format contract.