基于公平原则的消费合同法律规制-民商法专业论文.docxVIP

II II Abstract Consumer contract refers to the needs of the consumers to life in the purchase of goods or services in the process with operator to clear the rights and obligations of the relationship between mutual agreement. With modern social and economic development and derivatives ,it is widely used in daily consumption of civil trade form, so its regulation not only are the general regulation of civil law in our country, but also by the contract law and the protection of consumers rights and special law of special regulation. Consumer contract because of its general applicability, both sides signed the imbalance of status, in the form of a new type of contract terms and the immobilized toward these differences and other civil contract characteristics, Because operators and consumers of the relationship between reality and to both sides sign the contract easier to pervert justice orbit, and damage the lawful rights and interests of consumers therefore, to consumer contract law regulating key should is to build a set of targeted contract fairness security mechanism. Real life, not a lack of an operator USES unfair consumer contract violations the rights of consumers phenomenon, such as the communication service contract operators use its strong economic position of standard contracts concluded with mandatory for users of the service contract between calls package, users just enjoy sign a contract is right or not, dont enjoy operators and consultation fee charges the rights and interests of the standard, etc. In the consumer contract special regulation, international develops a relatively mature regulations pattern. This pattern has three points. The first is the legislation specialization, some main countries and regions formulating the special regulation consumer contract law; Second, according to the consumption of the modern trade form, in Germany and Taiwan established back right system, this system break through the traditional mode of the termination of the