对海上格式条款立法规制的完善

大量存在的海上格式条款在促进海上交易、提高效率的同时,引起交易方权利义务不平衡等许多问题。《海商法》对海上格式条款的规制不够完善。通过对海上格式条款存在的必然性、立法规制缺陷等的分析,可以明晰完善海上格式条款立法规制的意义,提出完善立法规制的具体建议。

On Perfection of the Legislative Regulations on Marine Standard Terms

While promoting marine transactions, improving efficiency, the large number of existing marine standard terms causes many problems such as the imbalance of rights and obligations among the concerned parties. China’s Maritime Code has some regulations on marine standard terms, however, it needs to be perfected. From the analysis of the necessity for the marine standard terms to exist, the current situation and defect of legislative regulations on the marine standard terms, this article expounds the significance to perfect the legislative regulations on the marine standard terms and puts forward some suggestions to perfect them.