“异常条款”是相对人依照交易的正常情形明显地不能预见的条款,故格式合同中一旦存在这种条款,即视为其未订入。“异常条款”不得订入合同有其深刻的原因,因为格式条款订入合同的规则对传统缔约程序进行了重大修正,加之双方当事人之间的交涉能力不平等对契约自由的冲击,所以,为了保护相对人利益,法律有必要作出这一制度安排。合同司法实务中,在甄别和判断某一条款是否“异常”时,应从格式条款的内容、外形和订立程序等三方面去权衡和考察,并以一般人的认识为标准,同时避免将该类条款和无效的格式条款相混淆。 “Abnormal clauses ” are the clauses that the counterparty obviously can not foresee in accordance with the normal situation of the transaction. Therefore, once the clauses in the format contract exist, it is deemed as not being entered. “Abnormal clauses ” can not be entered into the contract has its profound reason, because the rules of the contract clauses into the contract of the traditional contract made a major amendment, combined with the ability of both parties to negotiate the impact of inequality on the freedom of contract, so , In order to protect the interests of relatives, the law necessary to make this institutional arrangement. In the judicial practice of contract, when screening and judging whether a clause is “abnormal”, we should weigh and inspect from the content, appearance and procedure of the format clause, and take the common people’s understanding as standard, meanwhile, Class clauses are not confused with invalid format clauses.