With the signing of the contract, there is a "avoiding pit guideline", and "text game" will be restricted

The National Contract Demonstration Library developed and constructed by the State Administration of Market Supervision. Photo source: official website of the State Administration of Market Supervision and Administration

The deposit is difficult to refund, the liquidated damage is too high, the non -resistance clause is missing ... "text games" in various contracts will be restricted in the future. Recently, the national contract demonstration text library developed and constructed by the State Administration of Market Supervision was officially launched, and the contract covers the fields of online transactions, real estate trading, education and training, and provided a "avoiding pit guidelines" for people inquiries.

Reduce transaction risks from the source

Contract is the basis of market transactions, but in economic and social life, because some parties are not familiar with the law and the market status is not equal, there are many uncommon disputes caused by the contract.

"When signing the contract, I repeatedly explained that I only lived for only two months, and then I would find the renters by Irself." In March of this year, Ms. Cui rented a house through the intermediary in Zhengzhou, Henan Province. Essence Who expected that at the end of May, the intermediary was not allowed to be transferred. Ms. Cui re -looked at the electronic rental contract and found that there are actually clauses such as "tenants have no right to rent in private, and they must be rented through intermediary". Ms. Cui said that when she signed the contract, she was difficult to review by the intermediary due to the number of contract terms and very small fonts.

Qu Xiangdong, a lecturer in the Law School of the University of Capital and Trade, told reporters that similar contract fraud can be described as an invincible. The launch of the national contract demonstration text library is justified, and it is of great significance to regulating market economic activities.

It is understood that the market regulatory authorities attach great importance to the supervision of contract behavior according to law, and formulate a series of contract demonstration texts with equal rights and obligations, complete content, and all terms. In order to better provide "one -stop query" convenience, the State Administration of Market Supervision has started to develop and build a national contract demonstration text library last year. As of now, the text library has included nearly 500 types of contract demonstration texts.

The relevant person in charge of the State Administration of Market Supervision said that the establishment of a contract with reference to the contract of the contract is not only conducive to protecting the rights and interests of parties and interests of the parties to the contract, avoiding contract disputes, but also conducive to regulating signing and performance acts, reducing transaction risks from the source.

Details prompt attract attention

The reporter logged in to the official website of the "State Administration of Market Supervision and Administration" and found the "Contract Demonstration Text Library" on the "Service Plate" on the homepage. Open a few text links randomly. The reporter found that in addition to the specific information such as publishing agencies, publishing years, and publishing numbers, the "risk reminder" red logo on the right side of each demonstration text page is also particularly noticeable.

For example, the "risk reminder" of the "Beijing Property Service Contract (Demonstration Text)" specially suggested that the location of the signature seal should be at the signature stamping position designated by the contract, and the font of the key terms should be increased; , Use special colors, etc., distinguish between the general terms; the company name in the contract is best to use "accurate full name+unified social credit code".

"Because there is no consistent" unified "contract text, the trader can still supplement the text terms according to the actual situation." Li Weimin, a lawyer Li Weimin, a lawyer of Beijing Weibo Law Firm, said in an interview Similar to the role of staff assistants, inform traders' common transaction risks and conventional response strategies to escort security transactions.

It is worth mentioning that the launch of the text library also reflects the specific implementation of Article 470 of the Civil Code that "the parties can conclude a contract with reference to the demonstration text of various contracts".

"It is not difficult to see that the launch of the text library reflects the strict implementation of law enforcement departments such as the State Administration of Market Supervision, and the above provisions of the Civil Code are strictly implemented, using demonstration contract texts as the starting point to continuously promote the law enforcement ideas of market activity and optimize the business environment." Qu Xiangdong said.

It should be updated and improved in time

The launch of the text library can solve many problems such as "overlord clauses" and malicious breach of contract. At present, there is still room for further improvement. For example, the announcement of the old version of the old contract may not be applicable to the new format of the digital age.

Qu Xiangdong believes that the text library should pay attention to strengthening updates in the future. For some demonstration texts that have been formed earlier, it should be organized and revised in time to meet the current needs of economic and social development and avoid over -affected the new contractual relationship between old contracts.

"The negotiation and signing of the contract is a dynamic process, which often occurs unexpectedly outside the contract of contract template." Li Weimin said that the text library must set up a user's questioning path so that the General Administration of Market Supervision can understand the user's needs in a timely manner and respond to more questions in user questions. The problem of frequent transactions. He suggested that the text library also combines user needs and transaction practices to further refine and screen conditions to meet the personalized needs of different users, so that users can more accurately locate the required contract text.

Experts believe that if the demonstration contract is wanted to be the contract text that the two parties are considered first, in addition to building a demonstration text library platform, it should also be implemented within the scope of application with more powerful measures. This is unrealistic to rely on the consciousness of merchants. It also needs to cooperate with the competent authorities, industry associations and market supervision departments to guide merchants to standardize the use of demonstration contracts. At the same time, consumers should also raise their awareness of self -protection and do not trust verbal commitments.

(Source: People's Daily)

【Edit: Jinxin】

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