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随着我国社会主义市场经济的迅速发展,特别是加入WTO后,格式条款以其自身的价值与特征,被应用于社会经济的各个领域,促进了社会主义市场经济的繁荣与发展,但格式条款的拟定者往往为了自身利益,损害相对人的利益,为规范其运行和发展,我国《合同法》对其作了明确规定。本文从格式条款的概念入手,研究了合同中格式条款存在的问题,分析其不足,重点探讨《合同法》对其治理的手段,以期能够对解决此类问题略尽绵薄之力。
With the rapid development of China’s socialist market economy, especially after its entry into the WTO, the format clauses have been applied to various fields of social economy by their own values and characteristics and promoted the prosperity and development of the socialist market economy. However, The drafters of this article often for their own interests, undermining the interests of their counterparts and regulating their operation and development. China’s “Contract Law” clearly stipulates them. This article starts from the concept of format clause, studies the problems existing in the format clause in the contract, analyzes its shortcomings, and focuses on the means of “contract law” governing it so as to make some efforts to solve such problems.