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格式合同的产生和发展是20世纪合同法发展的主要标志之一。随着我国社会主义市场经济的迅速发展,特别是加入WTO后,格式合同以其自身的价值和特征,被广泛应用于国民经济的各个领域,一方面节省了大量的订约时间,加速了交易的进行,改变了传统条件下一个合同的订立必须经过反复要约和承诺方能成立的非经济行为,消除了复杂的讨价还价程序。另一方面极大地降低了交易成本,使企业预先计算成本、利息、风险负担、付款期限,对耗损、不可抗力所致损失亦能预先将其减少到最低限度。但也在一定程度上限制了合同自由原则给经济的发展带来了许多负面影响。这就迫切需要对格式合同加以政府干预,以达到平衡交易双方利益,体现平等公平,促进社会和谐发展。
The emergence and development of the format contract is one of the main symbols of the development of contract law in the 20th century. With the rapid development of China’s socialist market economy, especially after China’s accession to the WTO, the format contract has been widely used in various fields of the national economy by its own value and characteristics. On the one hand, the contract has saved a lot of time and accelerated the transaction , Which changed the non-economic behavior that a contract under the traditional conditions must be established after repeated offers and promises, and eliminated complicated bargaining procedures. On the other hand, the transaction cost is greatly reduced so that the enterprise can calculate the cost, interest, risk burden, payment deadline, losses caused by loss and force majeure to the minimum. However, to a certain extent, the principle of freedom of contract has also brought about many negative impacts on economic development. This urgently requires the government to intervene in the format of contracts so as to balance the interests of both sides of the transaction, embody equality and fairness and promote the harmonious development of society.