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格式条款以契约自由为理论基础而产生和发展,最后却变为滥用自由的典范,进而走向了契约自由的反面,引起了立法、司法、行政的广泛关注。本文详述我国格式条款目前存在的问题,结合自身的生活经验及感受,对建立健全我国格式条款规制体系进行粗浅的讨论。期望我国建立起以立法规制为主结合行政规制和社会规制的模式。
The clauses of clauses originated and developed on the basis of contractual freedom as the theoretical foundation, and finally became a model of abuse of freedom, which in turn led to the opposite of contractual freedom, which aroused widespread concern in legislation, judicature and administration. This article details the existing problems of the format clauses in our country, and discusses the superficial discussion on establishing and perfecting the regulation system of our clauses in terms of our own life experience and feelings. It is hoped that China will establish a model of combining legislative and social regulation with legislative regulation.