article 1 these measures are formulated in accordance with the contract law of the people's Republic of China, the law of the people's Republic of China on the protection of consumers' rights and interests and other relevant laws and regulations, combined with the actual situation of this province, in order to standardize the standard clauses in contracts, protect the legitimate rights and interests of consumers and maintain the order of market transactions. Article 2 The term "standard terms" as mentioned in these Measures refers to the terms drawn up in advance by business operators for repeated use and without consultation with consumers when concluding contracts.

commercial advertisements, notices, statements, instructions, shop notices, explanations, vouchers, etc., whose contents conform to the provisions of the offer and the preceding paragraph, shall be regarded as standard terms. Article 3 These Measures shall be applicable to the conclusion of contracts by operators and consumers within the administrative area of this province using standard terms. Article 4 The administrative department for industry and commerce shall be responsible for supervising the standard clauses, and handling the illegal acts of using the standard clauses to harm the legitimate rights and interests of consumers according to law.

other relevant administrative departments shall, according to their respective duties, do a good job in supervising the standard clauses and deal with illegal acts that harm the legitimate rights and interests of consumers in a timely manner.

trade associations, in accordance with the provisions of laws, regulations, rules and articles of association, regulate and guide the formulation and use of standard terms in their own industries, and assist administrative departments such as industrial and commercial administrations to supervise standard terms. Article 5 Business operators shall follow the principles of fairness, honesty and credibility when formulating and using standard terms, and shall not use standard terms to harm the interests of consumers, third parties and the public. Article 6 Operators are encouraged to formulate standard clauses with reference to relevant model contracts.

the model contract text shall be formulated by the relevant administrative departments or trade associations.

the administrative department for industry and commerce can participate in the formulation of the model contract text. Article 7 the standard clauses shall not contain the contents that exempt the operators from the following responsibilities:

(1) the responsibility for causing personal injury to consumers;

(2) Liability for property losses of consumers caused by intentional or gross negligence;

(3) the guarantee liability that should be assumed for the provided goods or services according to law;

(4) liabilities for breach of contract and other liabilities that should be undertaken according to law.

if the standard clauses contain the contents of reducing or exempting the operator from other responsibilities, the operator shall take reasonable measures to remind consumers before concluding the contract and explain them according to the requirements of consumers. Article 8 the standard clauses shall not contain any content that aggravates the following responsibilities of consumers:

(1) the amount of liquidated damages or damages is obviously high;

(2) bear the operational risk responsibilities that should be borne by the operators;

(3) other contents that increase consumers' responsibilities in violation of laws and regulations. Article 9 the standard clauses shall not contain the contents that exclude the following main rights of consumers:

(1) the right to cancel, change, suspend or terminate the contract according to law;

(2) the right to demand payment of liquidated damages or claim damages;

(3) exercising the right of contract interpretation;

(4) the right to choose the way to settle contract disputes;

(5) other major rights enjoyed according to law. Article 11 A business operator shall disclose the text of a contract containing standard clauses in its business or service premises or by other means for consumers to consult. Article 11 The following contracts containing standard clauses shall be reported to the registered administrative department for industry and commerce for the record within 31 days from the date of use of the contract text, except those which are regarded as standard clauses as stipulated in the second paragraph of Article 2 of these Measures:

(1) contracts for house sale and lease, property services and residential decoration;

(2) Travel contracts;

(3) automobile sales and lease contracts;

(4) power supply, water supply and gas supply contracts;

(5) Postal, communication and cable TV service contracts;

(6) brokerage contract;

(7) business training contract;

(8) beauty and fitness, catering and accommodation, and photography service contracts.

if a contract with standard clauses other than those specified in the preceding paragraph needs to be put on record, it shall be proposed by the provincial administrative department for industry and commerce and submitted to the provincial people's government for approval. Article 12 when submitting a contract with standard clauses to the administrative department for industry and commerce for the record, an operator shall submit the following materials:

(1) a record report form;

(2) contract text (including electronic text);

(3) A copy of the business license.

the administrative department for industry and commerce should implement e-government and publish the filing items of standard terms on its website, so as to facilitate operators to submit the filing materials of standard terms in the form of data messages.

after receiving the filing materials, the administrative department for industry and commerce shall promptly issue a notice of filing acceptance. Article 13 The administrative department for industry and commerce shall establish archives of the contract texts for record, and publish them to the public through the Internet for public reference. Article 14 Where the contents of the recorded format clauses involve changes in consumers' rights and interests, the operator shall, within 11 days, re-submit the changed contract text to the original administrative department for industry and commerce for the record. Fifteenth consumers think that the standard terms damage their legitimate rights and interests, they can complain to the administrative department for Industry and commerce or to the consumers' association, or they can apply to an arbitration institution for arbitration or bring a lawsuit to the people's court according to law.

if citizens, legal persons or other organizations find that the standard clauses harm the legitimate rights and interests of consumers, they can report to the administrative department for industry and commerce or other relevant administrative departments.

the administrative department for industry and commerce, the consumers' association and other relevant administrative departments shall promptly handle the complaints, complaints or reports that the standard clauses harm the legitimate rights and interests of consumers, and inform the complainant, complainant or informant of the handling results.