On the supervision and treatment of illegal activities in the contract the Merchant Overlord clause is bound by law

The measures for the supervision and treatment of illegal activities in the contract are introduced to restrict the operator's use of the format contract mainly exists in the communications and other industries Merchant Overlord clause will have "means" to restrain our News (reporter Rok Zhang Xinsen) The State Administration for industry and Commerce announced this morning the supervision and treatment of illegal acts. This method provides a detailed provision for the form-term contract between the operator and the consumer.　　The move restricts the possibility that the format clause will become a "overlord clause". The scope of contract fraud was clarified in the approach. At the same time, for the operator and the consumer use the form clause to conclude the contract content, this method has carried on the detailed specification.　　The so-called format contract, which is a contract consisting entirely of a form clause. At present, communication, warranty and other contracts are mostly format contracts. As such contracts are made by the operators, most of the provisions are conducive to the enactment of unfair.　　And this type of contract has become the breeding "overlord clause" hotbed. Important points 1. If the operator can not exempt the consumer from the use of the form clause in the contract with the consumer, the operator shall not relieve himself of the consumer's personal injury, the loss of property caused by intentional or gross negligence, and the guarantee that the goods or services provided shall be borne by law.　　The liability for breach of contract and other responsibilities that should be borne by law.　　For example, in some tourism contracts, "such as in the event of personal accidents, travel agencies irresponsible" and other provisions belong to the obvious overlord clause.　　2. Shall not aggravate the amount of consumer liquidated damages the operator shall not aggravate the customer's liquidated damages or damages in the form clause exceeding the legal amount or reasonable amount, undertake the business risk responsibility which should be borne by the format clause provider, and other legal obligations which should not be borne by the consumers. 3. Consumers may not be excluded from the law to change the rights of the contract and some overlord contract once signed, it became the consumer "slave".　　If purchased, the goods sold are not returned and other terms.　　If the operator and the consumer use the form clause to enter into the contract, the operator shall not exclude the consumer's right to change or rescind the contract according to law in the form clause, the right to request damages, the right to request damage compensation, the rights to interpret the format clause, and the right to sue the form clause dispute　　In case of any violation of the above provisions, and the relevant laws and regulations are not stipulated, the industrial and commercial administrative organs, depending on the seriousness of the circumstances, give a warning respectively, the amount of illegal income of three times times, but the highest is not more than 30,000 yuan fine, no illegal income, the penalty of 10,000 yuan. It is understood that the "method" will be implemented on November 13, 2010.