There is a "Guide to Avoiding Pit" when the contract is signed (Online China)
A national contract model text library developed and constructed by the State Administration for Market Regulation.
Image source: Official website of the State Administration for Market Regulation
The deposit is difficult to return, the liquidated damages are too high, the force majeure clause is missing... The "word game" in various contracts will be restricted in the future.
Recently, the national contract model text database developed and constructed by the State Administration for Market Regulation was officially launched, which includes contracts covering online transactions, real estate sales, education and training and other fields, providing a "guide to avoid pits" for people to query and use.
Reduce transaction risk at the source
Contracts are the basis of market transactions, but in economic and social life, disputes arising from contracts are not uncommon because some parties are unfamiliar with legal provisions and their market positions are unequal.
"When I signed the contract, I repeatedly stated that I would only live for two months, and then I would find a subtenant by myself." In March this year, Ms. Cui rented a house through an intermediary and signed a one-year rental contract for her internship in Zhengzhou City, Henan Province. .
Unexpectedly, at the end of May, the intermediary was not allowed to sublet.
Ms. Cui re-read the electronic rental contract and found that there were clauses such as "Tenants have no right to sublease without permission and must be sublet through an intermediary".
Ms. Cui said that when the contract was signed, due to the large number of contract clauses and the very small font size, it was difficult for her to review each item, and she was actually "routine" by the intermediary.
Qu Xiangdong, a lecturer at the Law School of Capital University of Economics and Business, told reporters that similar contract frauds are hard to prevent.
The launch of the national contract model text database is at the right time, and it is of great significance to regulating market economic activities.
It is understood that the market supervision department attaches great importance to the legal supervision of contract behavior, and has formulated a series of contract model texts with equal rights and obligations, complete content and complete clauses.
In order to better provide "one-stop inquiry" convenience, the State Administration for Market Regulation has started to develop and build a national contract model text library since last year.
Up to now, the text database has included nearly 500 types of contract model texts.
The relevant person in charge of the State Administration for Market Regulation said that entering into a contract with reference to the model text of the contract is not only conducive to protecting the rights and interests of all parties to the contract, avoiding contract disputes, but also helping to standardize contract performance and reduce transaction risks from the source.
Attention-grabbing details
The reporter logs in to the official website of the State Administration for Market Regulation, finds the "Contract Model Text Library" in the "Services Section" on the homepage, and clicks to enter.
Randomly opening several text links, the reporter found that in addition to the specific information such as the issuing agency, the year of publication, and the publication number, the red sign of "risk warning" that appeared on the right side of each demonstration text page was also particularly eye-catching.
For example, the "Risk Warning" of the Beijing Property Service Contract (Demonstration Text) specifically suggests that the location of the signature and seal should be at the location of the signature and seal specified in the contract, and should not deviate very far; the font of key clauses should be enlarged and bolded , use special colors, etc. to distinguish it from general terms; the company name in the contract is best to use "accurate full name + unified social credit code" and so on.
"Because there is no consistent 'unified' contract text, the transaction parties can still supplement and modify the terms of the text according to the actual situation." Li Weimin, a lawyer from Beijing Weibo Law Firm, said in an interview that this kind of "risk warning" can play a role in Similar to the role of a staff assistant, it informs the transaction parties of common transaction risks and conventional response strategies, thereby escorting safe transactions.
It is worth mentioning that the launch of this text library also reflects the specific implementation of Article 470 of the Civil Code, "Parties may conclude contracts with reference to the model texts of various contracts".
"It is not difficult to see that the launch of the text library reflects the law enforcement ideas of the State Administration for Market Regulation and other law enforcement agencies that strictly implement the above-mentioned provisions of the Civil Code, and use the model contract text as the starting point to continuously promote market activity and optimize the business environment." Qu Xiangdong said.
should be updated and improved in a timely manner
The launch of the text library can specifically solve many problems such as "overlord clause" and malicious breach of contract, and there is still room for further improvement.
For example, there are problems with outdated versions of published contracts, and some old contracts may not be suitable for new formats in the digital age.
Qu Xiangdong believes that the text database should be strengthened and updated in the future. For some model texts that were formed earlier, they should be revised in a timely manner to meet the needs of current economic and social development and avoid old contracts affecting new contractual relationships.
"Contract negotiation and signing is a dynamic process, and unexpected situations other than those stipulated in the contract template often occur." Li Weimin said that it is necessary to set up a user question path for the text library, so that the State Administration for Market Regulation can timely understand user needs and respond to user questions. , the problem of frequent transactions.
He suggested that the text library should also combine user needs and transaction practices to further refine the screening conditions to meet the individual needs of different users, so that users can more accurately locate the required contract texts.
Experts believe that in order to make the model contract the first contract text to be considered by both parties, in addition to building a model text database platform, more powerful measures should be taken to promote the use within the applicable scope.
In this regard, it is not realistic to rely on the self-consciousness of the merchants. It also needs the cooperation of the competent authorities, industry associations and market supervision departments to guide the merchants to standardize the use of the model contract. At the same time, consumers should also improve their awareness of self-protection and do not believe in verbal commitments.