论民事行为中的显失公平

显失公平是指在实施某种民事行为时,一方当事人利用己方优势或利用对方没有经验,从而导致双方的权利与义务明显失衡,严重违反公平、等价有偿原则的情况。从法律上确认显失公平的原则,对保障交易的公平性有重要意义。但是,我国目前的民事法律制度关于显失公平的规定存在明显的不足,有进一步完善的必要。

On Obvious Missing of Impartiality in Civil Behavior

The obvious missing of impartiality refers to the situation that in the carrying out of certain civil behavior,the agent of one party takes use of its own advantages or of the lack of experiences in the other party,causing obvious unbalance in the rights and obligations by two parties,seriously violating impartial and equivalence onerous principles.It is of important significance to affirm legally the principle of obvious missing of impartiality to guarantee the equitableness in business dealings.However,there is obvious shortage of stipulations on obvious missing of impartiality in Chinas current civil law,which it is necessary to be further improved.