近日,由市场监管总局开发建设的全国合同示范文本库正式上线。文本库收录了市场监管总局以及各省级市场监管部门制定发布的大量合同示范文本,内容涵盖网络交易、房地产买卖、农业生产、交通运输、养老服务、教育培训等领域,为社会公众查询使用提供了统一的渠道。

合同是市场交易的基础,市场中一切的交易行为都需要通过合同来表达。一份公平合理、条款清晰的合同,不仅可以有效保障合同各方当事人的权益,避免产生纠纷,而且还有利于提升市场活跃度,保障经济秩序的正常运转。但是在经济生活中,由于一些当事人对法律规定不熟悉、市场地位不对等,合同往往很难做到真正公平。合同欺诈、“霸王条款”、恶意违约等种种行为,不仅使社会公众的合法权益受到损害,同时也会对市场经济秩序造成破坏。多年来,市场监管部门积极落实法律相关规定,单独或联合有关行业主管部门,制定了一大批权利义务对等、内容完整、条款齐备、符合交易习惯的合同示范文本,供社会公众参照使用。

参照合同示范文本订立合同,不仅有利于保障合同各方当事人权益,避免产生合同纠纷,还有利于规范签约履约行为,提升交易安全,从而促进市场活跃,维护市场经济秩序。为了更加方便公众查询使用这些文本,市场监管总局去年以来着手开发建设全国合同示范文本库。目前上线的文本库已收录各类合同示范文本近500种,针对每种示范文本在使用中可能遇到的问题,文本库还有专门的风险提示,进一步帮助当事人减少交易风险。即日起,公众可登录市场监管总局网站首页进入全国合同示范文本库,免费查询、下载所需合同示范文本。下一步,市场监管总局将不断充实更新文本库内容,为广大群众提供更加优质便捷的服务。

市场监管总局提示,合同示范文本的条款内容,是对交易中各方权利义务分配、责任划分、纠纷解决等作出的示范性规定,参照示范文本订立合同时,应当在全面理解合同内容、各方充分协商的基础上,根据实际情况对示范文本条款进行补充和修改,以避免可能发生的纠纷。

合同示范文本库地址:https://cont.12315.cn/

 

 

Recently, the national contract model text library developed and constructed by the State Administration for Market Regulation was officially launched. The text database contains a large number of contract model texts formulated and released by the State Administration of Market Supervision and provincial market supervision departments, covering the fields of online transactions, real estate sales, agricultural production, transportation, elderly care services, education and training, etc. unified channel.

Contracts are the basis of market transactions, and all transactions in the market need to be expressed through contracts. A fair and reasonable contract with clear terms can not only effectively protect the rights and interests of all parties to the contract and avoid disputes, but also help increase market activity and ensure the normal operation of the economic order. However, in economic life, due to the fact that some parties are unfamiliar with legal provisions and their market positions are unequal, it is often difficult for contracts to be truly fair. Contract fraud, “overlord clauses”, malicious breach of contract and other acts not only damage the legitimate rights and interests of the public, but also damage the market economic order. Over the years, market supervision departments have actively implemented relevant laws and regulations, and individually or jointly with relevant industry authorities, have formulated a large number of contract model texts with equal rights and obligations, complete content, complete clauses, and transaction habits, for the public to refer to.

The conclusion of a contract with reference to the model text of the contract is not only conducive to protecting the rights and interests of all parties to the contract and avoiding contract disputes, but also helping to standardize contract performance and improve transaction security, thereby promoting market activity and maintaining market economic order. In order to make it easier for the public to query and use these texts, the State Administration for Market Regulation has started to develop and build a national contract model text database since last year. At present, the online text library has included nearly 500 types of contract demonstration texts. In response to the problems that may be encountered in the use of each type of demonstration text, the text library also has special risk reminders to further help parties reduce transaction risks. From now on, the public can log on to the homepage of the State Administration for Market Regulation’s website to enter the national contract model text database, and query and download the required contract model texts for free. In the next step, the State Administration for Market Regulation will continue to enrich and update the content of the text database to provide more high-quality and convenient services for the general public.

The State Administration for Market Regulation reminds that the terms of the contract model text are model provisions for the distribution of rights and obligations, division of responsibilities, and dispute resolution among the parties in the transaction. On the basis of full consultation, supplement and modify the terms of the model text according to the actual situation to avoid possible disputes.

Address of contract sample text library: https://cont.12315.cn/

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