格式条款的价值分析及其法律规制

格式条款的积极价值在于节约交易成本,其消极方面则是对合同自由原则的违背及可能带来的侵害缔约相对方合法权益的后果。通过综合运用立法、司法和行政方法来规范和控制格式条款,可以充分彰显其积极价值而抑制其消极影响。

On Analysis of the Value of Format Contract and Its Legal Regulation

The format contracts' advantages lies in two aspects: economizing the business cost and making people reach the goal of gaining money. However, its disadvantages are that it may violate the principle of freedom of making contract and infringe opposite party's interests. So we must regulate and control the format contract by means of legislation, judicature and administration to protect consumers and social economic order.