Cctv newsAccording to the State Administration of Market Supervision, on the occasion of the third anniversary of the promulgation of the Civil Code, in order to better perform the duties entrusted by the Civil Code, maintain the market economic order, and protect the national interests, social public interests and the legitimate rights and interests of consumers, combined with the new situation, new situations and new problems in contract administrative supervision in recent years, the General Administration of Market Supervision revised and promulgated the Measures for the Administration of Contract, which will be officially implemented on July 1, 2023.
The Measures for the Administration of Contract Administrative Supervision adheres to the principle of combining supervision with guidance, and combining compulsory law enforcement with flexible supervision. With the "small incision" of contract administrative supervision, it plans a "big article" to safeguard the social and economic order and the legitimate rights and interests of consumers, focusing on the following aspects to further consolidate the rule of law foundation of contract administrative supervision: First, strengthen supervision over the use of contracts to disrupt market order and endanger national interests and social public interests. List the prohibited situations such as fictitious contract subject qualification or entering into a contract in the name of others by embezzlement or fraudulent use, and entering into a contract by malicious collusion, bribery, coercion, etc., and earnestly safeguard market order. The second is to strengthen the regulation of standard terms. Operators are prohibited from using standard terms to make provisions to reduce or exempt their own responsibilities, increase consumers’ responsibilities, and exclude or restrict consumers’ rights and interests. Operators are required to draw consumers’ attention in a significant way when using standard terms, and effectively protect consumers’ rights and interests such as the right to know and the right to choose independently. The third is to strengthen administrative guidance. For a specific industry or field, the market supervision department may jointly formulate a model contract text with relevant departments for the public to read, download and refer to for free. The fourth is to clarify the investigation methods and legal responsibilities of contract violations, and increase the punishment for illegal acts.
The General Administration of Market Supervision will take the promulgation of the Measures for the Administrative Supervision and Administration of Contracts as an opportunity to strengthen the administrative supervision and enforcement of contracts, intensify the formulation and promotion of contract model texts, prevent and correct unfair contract format clauses, enhance the law-abiding awareness of contract parties, and earnestly safeguard market order and the legitimate rights and interests of consumers.
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