格式合同是指合同条款由当事人一方为重复使用而预先拟订,相对方只能对该拟定好的合同概括地表示全部接受或不予接受,而不能讨价还价进行协商的合同类型。作为规模经济与专业化经济的产物,格式合同是以契约自由为理论基础的,然而,格式合同却又在一定程度上限制了契约自由,这导致了对传统契约价值的冲击,使合同的公平、正义与效率价值出现了失衡状态。影响了市场经济的健康发展。 Formal contract means that the contractual clause is pre-formulated by one of the parties for repeated use, and the opposite party can only conclude all the accepted or unacceptable contracts with the proposed contract, and can not bargain on the type of contract. As a product of economies of scale and specialization, the format contract is based on the freedom of contract. However, the format contract restricts the freedom of contract to a certain extent, which leads to the impact on the value of the traditional contract and makes the contract fair There is an imbalance between the values ​​of justice and efficiency. Affected the healthy development of market economy.