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格式条款广泛存在,是合同法中的重要内容。格式条款是一把双刃剑,存在有益的一面,但引起的问题也非常严重。对格式条款的法律分析是解决所有问题的前提,因此,对其进行法律分析就显的非常重要。传统的私法学说在分析格式条款时,已经显得力不从心了,必须以一种新的思维方式作为分析的视角,经济法理念就成为对格式条款进行法律分析的归宿了。
The existence of a wide range of format clauses is an important part of the contract law. The format clause is a double-edged sword, which has a beneficial side, but the problems that are caused are also very serious. Legal analysis of the terms of the format is a prerequisite for solving all the problems, so it is very important to conduct legal analysis. The traditional private legal doctrine has become inadequate when it comes to the analysis of the formal clauses. Therefore, a new way of thinking must be taken as the perspective of analysis. The concept of economic law has become the fate of the legal analysis of the format clauses.