我国《合同法》不仅对格式条款的成立,生效,解释进行了特别的规制,而且对格式条款的效力进行了严格的规定,使众多的格式条款因达不到法定的有效要件而无效,从而限制格式条款的滥用,避免对合同权益的损害。但与国外立法相比,我国《合同法》对格式条款效力的规定不够明确,学者们对格式条款的效力及解释著述及争论颇多。本文就此依据《合同法》的规定试作探讨。 The “Contract Law” in our country not only regulates the formation, entry into force and interpretation of the format clauses, but also imposes strict rules on the validity of the format clauses. As a result, a large number of format clauses are ineffective because they fail to meet the legal requirements. Limit the abuse of the format and avoid damage to the rights and interests of the contract. However, compared with foreign legislation, the provisions of the Contract Law of China on the validity of format clauses are not clear enough. Scholars are quite controversial about the validity of format clauses and their explanations. This article based on the “contract law” provisions of the trial for discussion.