免责条款是指当事人双方在合同中事先约定的、旨在限制或免除其责任的条款,具有分配负担与风险的积极价值。但是,免责条款格式化使滥用免责条款侵害相对人合法权益的现象日趋严重。如何规范和控制格式化的免责条款,尤其是规制格式化免责条款的效力,以保护弱者尤其是消费者的利益,维护合同的公平正义,成为现代各国合同法的重要课题。法律对免责条款的规范与控制,实质是为了协调与平衡合同自由原则与禁止免责条款滥用之间的矛盾与冲突。笔者认为,可借鉴国外 Disclaimer is the terms of both parties agreed in advance in the contract, designed to limit or exempt from its liability clause, with the burden of distribution and the positive value of risk. However, the formatting of exemption clauses makes the abuse of exemption clauses violate the legitimate rights and interests of the counterparts. How to standardize and control the format exemption clauses, especially regulating the effectiveness of the format exemption clauses, in order to protect the interests of the weak, especially the consumers, and safeguard the fairness and justice of the contract, have become the important topics of modern contract law in all countries. The regulation and control of the clauses of exemption in law are essentially in order to coordinate and balance contradictions and conflicts between the principle of freedom of contract and the prohibition of abuse of exemption clauses. I think, can learn from foreign countries