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Extraction code: cnrh
A slide template is a defined slide format. PowerPoint, like application software such as Word and Excel, is one of the series of office products launched by Microsoft. It is mainly used to design and produce electronic slides of advertisements and product demonstrations, and the produced presentations can be played through computer screens or projectors. With PowerPoint, you can not only create presentations, but also hold face-to-face meetings, teleconferencing or show presentations to the audience on the Web. With the popularization of office automation, PowerPoint is widely used.
The opening report of ppt format template for college graduation thesis largely determines the academic level and quality of the thesis, which is a written explanation for students' own thesis writing and an important guarantee for whether the thesis writing or research can be carried out as planned. The following is my graduation thesis for you.
Thesis proposal
Ppt format template, I hope you like it.
Ppt template for opening report of college graduation thesis
The first step is the problem to be solved in this paper.
Content requirements:
Clearly put forward the specific academic problems to be solved in the paper, that is, the innovation of the paper.
Clearly point out the viewpoints, conclusions, solutions and phased achievements that have been put forward by domestic and foreign literatures on this issue.
Comment on the shortcomings of the above literature research results.
Put forward your ideas or solutions for paper preparation, and briefly describe the preliminary reasons.
Writing method:
Your viewpoint or method is the core content that needs to be demonstrated through the research and writing of the paper. Putting forward and demonstrating is the purpose and task of the paper, so it is not a conclusion. It may be overturned in the research, or it may not get the result. The purpose of the opening report is to ask experts to help judge whether your problem is worth studying and whether the viewpoints and methods you want to demonstrate can be studied.
Generally, three or four questions are put forward, which can be several sub-questions under a big problem or several parallel related problems.
The second step is the research status at home and abroad.
Content requirements: List the frontier documents closely related to the problems to be studied and solved in this paper. Based on the problem to be solved in this paper, some contents are allowed to be repeated.
Writing method: only briefly comment on the frontier literature closely related to the problem to be solved in the paper, and other related literature in
Literature review
Comment in.
The third step is the purpose and significance of the study.
Content requirements:
This paper briefly introduces the basic concepts and background of the problems studied in this paper.
Briefly point out the specific problems to be studied and solved in this paper.
Briefly explain the academic advancement or function of solving the above problems.
Based on "the problem to be studied and solved in this paper", repetition is allowed.
The fourth step is the main content of the paper.
Capacity requirements: initially put forward the writing outline or content structure of the whole paper. From this, we can better understand that the problem to be solved in this paper is different from the main content of the paper, but the purpose and core of the paper.
A model essay on format
Format clause
The basic characteristics of
Modern Times
law of contract
An important development direction is that fewer and fewer contracts are produced through free negotiation, and standardized format clauses are replaced. The changes in the field of contract in real life also put forward new requirements for contract law. Personally, I think that the contract law has actually evolved into a dual-track system, which has an inherent binary distinction: the contract formed by the parties through free consultation is strictly different from the contract based on standard terms (or part of the contract content) in terms of contract establishment, effectiveness, interpretation rules and litigation mechanism. Because how to identify standard clauses involves all aspects of the application of contract law, it is necessary to discuss them to ensure the input control and content control of standard contracts.
First, the general characteristics of standard terms
Judging whether contract terms are general terms, that is, contract terms or format terms formed through free negotiation, is the premise of legal control of format terms, so it needs to be strictly distinguished. There are two characteristics of standard clauses: subjective and objective. Among them, pre-formulation and repeated use are subjective, and individual proposal is objective. Free negotiation is actually a negative factor. Specifically:
1. Made in advance. The so-called pre-drafting means that the parties to a contract have drawn up the specific contents of the contract terms before the contract negotiation. When judging whether there are pre-defined elements, the following questions are worth noting:
First, whether the format clause is formulated by the user himself or by a third party does not affect the judgment of the preset factors. That is to say, the user's use of third-party format terms when concluding a contract does not affect the determination of the nature of the contract terms. It is worth noting that the parties to the contract who use the recommended model contract formulated by a third party also meet the standards of the pre-determined standard terms. The content stipulated in Article 12 of China's Contract Law cannot exempt the judicial review of the model contract, especially considering the integration of China's trade associations and monopoly enterprises. Judging from the legislative data, legislators also argue that the model contract text cannot be exempted from content control [1]. Paragraph 2 of Article 39 of China's Contract Law also clearly stipulates that pre-drafting is one of the important features of standard clauses. However, this article has a serious defect, that is, it is limited to the user himself, which excludes the situation that the user directly uses the contract terms of a third party as format terms. In this regard, we must use a purposeful expansion explanation to expand the scope of application of this provision.
Second, no matter how big the scope of standard clauses is in the whole contract, for example, the whole contract text is a standard contract, or only a part or one clause in the contract is a standard clause, it will not affect the determination of its nature.
2. Reuse it many times. Reuse reflects that the standard clause is suitable for large-scale repetitive transactions, that is, the clause is usually not drawn up for a specific contract, but for a certain type of transactions. The key to judge whether the contract terms are intended to be used many times is the user's subjective intention, and a presumption method is adopted here. Specifically, if a contract clause was originally used for a specific contract negotiation, although it is used again in other contracts, it cannot be regarded as a format clause, because the user subjectively lacks the planning of using the format clause. From the beginning, users set the contract terms to be used for many times, even if they are used only once in reality, it does not prevent the identification that the terms have the characteristics of repeated format terms. As far as the standard terms used by enterprises are concerned, because enterprises rely on repeated transactions for survival, they should be presumed to have the characteristics of repeated use, and enterprises should bear the burden of proof for the opposite determination. Whether the clause is aimed at a specific contract party or an uncertain contract party in the future, it has the nature of repeated application. In addition, how to determine the number of reuse is also a subjective problem. Personally, I think the purpose of the second use can reach the standard of repetition times.
Actually,
articles of incorporation
As well as other group protocols, has the characteristics of repeated use for many times. Can the nature of this agreement be regarded as a format clause? Strictly speaking, standard clauses are defined as contract clauses in China's contract law, and the scope of application of contract law does not include them.
company law
As well as other agreements on the law of association, therefore, such agreements cannot be regarded as standard clauses. However, the sponsors of such agreements may also use this clause to unilaterally violate the principle of fairness and good faith and illegally seek benefits. Therefore, the relevant provisions on legal control of standard clauses can be applied by analogy.
3. Unilateral proposal. According to the second paragraph of Article 39 of China's Contract Law, the so-called unilateral proposal means that the user of standard terms unilaterally decides the contents of the contract without consulting the other party when concluding the contract. Unilateral proposal is the core reason for the danger of standard clauses, because it deprives the other party of the possibility of contract negotiation, which usually leads to the other party's loss of freedom of judgment on the contract. From the perspective of sociology of law, the characteristics of unilateral presentation of standard clauses make it obtain a legal status similar to legal norms: users set contract contents for all their potential contract parties by unilaterally presenting standard clauses and determining their contents in advance, which just replaces the arbitrary part of contract law in function. From this point of view, some scholars believe that standard clauses are normative.
4. Without consultation. Associated with the third feature mentioned above, the result of unilaterally proposing format clauses is that the other party to the contract loses the possibility of negotiation. On the other hand, even if the user of the standard terms unilaterally puts forward the standard terms, it is based on the free negotiation of the parties, and the standard terms have evolved into ordinary contract terms, which are no longer controlled by the content. China's contract law does not strictly distinguish between the unilateral proposal of standard terms and non-negotiation. However, when determining the format terms, it is still necessary to distinguish the characteristics of the two, because in reality, both parties may specify the use of a format term at the same time. In this case, although there was no negotiation, the format clause was not unilaterally put forward by one party to the contract, so it cannot be considered as a format clause.
5. The specific expression of terms does not affect the determination of standard terms. According to Article 10 of China's Contract Law, contracts are in written form, oral form and other forms. Therefore, if the user unilaterally and repeatedly uses the pre-drawn terms to conclude the contract by memory, it will not affect the identification of the attributes of the terms. Of course, the claimant should bear the burden of proof.
It must be pointed out that when determining whether there is a format clause, the above characteristics must exist at the same time, and a single feature cannot be applied in isolation to confirm the existence of a format clause.
Second, the impact of consumer protection on standard terms
It is worth noting that with the development of consumer protection law, the subject prototype in civil law has changed from monism to dualism, that is, from an independent and independent individual as a single subject model to a subject model in which formally equal individuals and weak people always need legal external protection coexist. The function of civil law has changed from highlighting individual autonomy to direct external "heteronomy". In civil law, protecting the weak has always enjoyed the same status as "autonomy of will". Therefore, when the civil law develops around the subject, it must provide different institutional models around the different characteristics of the two subject prototypes. In principle, the legal act system with the autonomy of private law as the core is only applicable to the condition that the subject has the external meaning of expressing truth, otherwise the law will intervene in the legal life of the subject in the form of "heteronomy" of mandatory law to realize substantive justice. Personally, I think that only recognizing the transition of civil law standard from "individual rights standard" to "social standard" is not enough to solve the problems caused by structural inequality in modern society. Only by recognizing the subject change and dual-subject mode of civil law and taking consumer protection as one of the core tasks of civil law can we establish the core position of civil law in civil society, otherwise it will be difficult to solve the dilemma that civil law is constantly attacked and marginalized in legal real life. It is not enough to take the law on the protection of consumers' rights and interests as a special law of civil law, and its direct consequence is that civil law has lost its core legal position in civil society.
Influenced by the laws and policies on consumer protection, 1993 "European directive on unfair terms in consumer contracts" stipulates that if the operator puts forward the terms of the contract in advance, if the consumers themselves cannot influence the contents of the terms during the contract negotiation, the terms will also be regarded as unfair terms. In this way, within the EU, the scope of application of the standard clause law has been greatly expanded. Because the EU directive is mandatory in a certain sense, all member States should at least transplant the contents stipulated in the directive into domestic laws, and of course, member States have the right to choose specific methods. At present, Britain, Germany and other countries have absorbed this kind of content, and this expansion directly affects the determination of format clauses in consumer contracts.
1. When the operator unilaterally proposes a contract clause, even if its subjective purpose is only aimed at a specific consumer, that is, the clause does not have the characteristics of repeated use, but due to the structural inequality between the operator and the consumer, the consumer cannot change the content of the clause through consultation. In order to better protect consumers, reuse elements are not used in this case.
2. The operator's use of this one-off clause may be based on his own prior drafting work, the terms of a third party or the advice of his own professional consultants such as lawyers, but these will not affect the determination of standard terms.
3. Whether consumers can exert influence on the terms depends not only on whether consumers have the possibility to negotiate with operators, but also on whether the contents of standard terms are clear and transparent. In modern civil law, the principle of transparency permeates many parts of the law, and the "principle of transparency" should also constitute an important principle of modern contract law, that is, the conclusion of complex contract terms must bear the obligation of detailed explanation, otherwise such contract terms with reasonable expectations that seriously infringe on the interests of contract subjects cannot become effective contract terms. Especially in the text of standard clauses, users usually deliberately or even maliciously conclude complex and incomprehensible standard clauses, and many concepts with great explanatory space are used in the text, and the texts are quoted from each other, so it is difficult for even professional legal talents to correctly distinguish the true distribution of rights and obligations from the risk burden. From an economic point of view, the time factor must also be considered to judge whether the format clause is transparent. We can't expect a law professor to spend hours studying the format clauses or standard contracts used by shopping malls and suppliers when buying mobile phones in supermarkets. Therefore, considering the burden of consumers, operators are obliged to formulate their terms of use as clearly and transparently as possible.
China's contract law does not distinguish between consumer contracts and non-consumer contracts in form. However, because Article 24 of China's 1993 Law on the Protection of Consumers' Rights and Interests stipulates the contents of standard form contracts and their different forms of expression before the contract law, the current legislative style in China is still to distinguish the application of relevant laws from the subject. For example, the contract law also recognizes the particularity of consumer contracts. Paragraph 2 of Article 1 13 of the Contract Law stipulates that if an operator commits fraud in providing goods or services to consumers, he shall be liable for damages in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests. Because of the unified contract law in China, the scope of application of the contract law is clearly stipulated in Article 2 of the contract law, and the standard clause law is also stipulated in Chapter 2 of the contract law, "Formation of a Contract". Therefore, whether it is a contract between operators or a consumer contract, as long as it involves standard terms, the following provisions of Article 39 of the Contract Law shall apply. As far as the nature of contracts is concerned, it is meaningful to distinguish between consumer contracts and non-consumer contracts. For example, in terms of liability for breach of contract, China's Consumer Protection Law implements the punitive principle, while the Contract Law implements the compensatory principle.
From the point of view of strengthening consumer protection, it is necessary to discuss whether the abuse clause promulgated by the European Union should be introduced, that is, when consumers cannot influence the content of the one-time use contract clause, the clause should be regarded as a standard clause. Personally, I think that the principle of contract justice is the basic principle of China's contract law [2], and the content control of a contract is not an inevitable requirement of a general contract, but more lies in correcting the structural imbalance of standard clauses. Considering that the interests of consumers are more likely to be infringed before the standard clauses, the law must provide special protection for the particularity of the subject. Because the one-time application of the operator clause infringes on the interests of consumers, the contract law based on substantive justice must make corresponding relief. Personally, it is not enough to argue that strengthening consumer protection will increase the production cost of enterprises and weaken the competitiveness of national enterprises, because in the trade environment of international commodity integration, laws cannot formulate different levels of consumer protection according to the countries of producers. It is particularly noteworthy that the market share of directly imported products in China is not small. If we simply advocate weakening the protection of consumers to enhance the competitiveness of national industries, then for our nationals, there may be "low national treatment" consequences.
To sum up, Article 24 of China's Consumer Protection Law, on the premise of retaining the current legislative style, should make more stringent identification requirements than Article 39 of the Contract Law, that is, when the operator unilaterally concludes a one-time contract clause and the consumer cannot change the content of the clause, the clause can be identified as a format clause, and the legal provisions on format clauses can be applied by analogy.
Third, the influence of commercial activities on standard terms.
Historically, China was strongly influenced by the strategy of "emphasizing agriculture and restraining commerce". Businessmen have never been an independent social stratum in China society, and there is no systematic commercial law in the traditional laws of China. Of course, substantive law norms still exist. Due to special historical reasons, commercial law developed before the general civil law in continental Europe, and its value also has characteristics different from the general civil law, such as the safety, rapidity and habit of transactions. After the victory of western bourgeois democracy, businessmen are no longer a special social group. On the contrary, everyone enjoys equal economic rights. Commercial law is more manifested in the special provisions outside the civil law, and it is not independent in the division of law. For the first time since the Republic of China, China's civil law has not adopted the system of separation of civil and commercial affairs.
It is worth noting that with the differentiation of social groups based on their different positions in the market, the legal significance of the binary opposition between operators and consumers in real legal life has gradually surpassed the distinction between businessmen and non-businessmen, so there are two subsystems in the civil law system, namely, the law to protect consumers and the law to adjust operators' activities. This division has a great influence on the civil legislation of various countries. For example, in France, legislators have formulated a relatively independent consumer protection law outside the French Civil Code, and so has Austria. However, Germany adopted the legislative model of civil law center, and brought the task of consumer protection into the scope of civil law functions, which was embodied in the German Debt Law Modernization Code in 2002. In the application of law, the subjectivity of operators is superior to that of businessmen. In addition, the complicated internal division standard of merchant subjectivity is also an important reason why merchant subjectivity is gradually replaced by operator subjectivity. Therefore, I personally think that under the background of modern social and economic structure, the division of contracts between operators and consumers is far more important than commercial contracts and non-commercial contracts. When determining the standard terms, we should take into account the special subjectivity of the operators.
Some people think that operators have strong economic strength and professional knowledge, and the purpose of such contracts is to make profits and should bear normal commercial risks, so the standard clause method is not applicable to contracts between operators. But this view is controversial:
First of all, any operator in the market is based on profit, so any business activities of the operator must be included in the cost. Therefore, the law can't expect the operators to avoid the disadvantages brought by the standard terms without calculating the cost, or the two operators can achieve the ideal and fair result expected by the contract law through the game.
Secondly, not all operators are engaged in legal services. Their mastery of legal knowledge outside the business is not essentially different from that of consumers, and they even know nothing before the law like consumers, such as general small partnerships.
Third, the contracts signed by operators are not all for profit, and they must also buy contracts that are not directly related to business activities. This is also an important difficulty in the application of the law, that is, according to what criteria to judge whether the behavior of a civil subject in a legal activity belongs to an independent business behavior for profit. Although we can assume that all the activities of all for-profit legal persons in private law are business activities, it is undeniable that operators will usually face the same problems as consumers when facing format terms, unless they use the general trading terms in the industry.
From a comparative point of view, Article 3 10, Paragraph 1 of the German New Debt Law stipulates: "Paragraphs 2 and 3 of Article 305, Articles 308 and 309 of this Law are not applicable to the general trading conditions applicable to business operators, legal persons in public law or special property in public law. Under the circumstances stipulated in Clause 1 of this clause, if the contract contents stipulated in Articles 308 and 309 are invalid due to Clause 1 and Paragraph 2 of Article 307 of this Law, these two paragraphs also have room for application; Due consideration should be given to effective practices and habits in trading activities. " Among them, the second and third paragraphs of Article 305 of the German Civil Code involve the content control of standard clauses, which is based on the consideration of common practices among operators, but this does not affect the content control of standard clauses among operators. The blacklist of absolutely invalid and relatively invalid general trading conditions listed in Articles 308 and 309 of the German Civil Code does not directly lead to the invalidity of such terms among operators, but in fact, because the general terms of content control of standard terms, such as the principle of good faith, are embodied in such specific terms, the invalid standard terms in consumer contracts have a strong indication function, that is, when such terms appear in contracts between operators, they should usually be invalid, only commercial practices and
Personally, I think that although China adopts the unified contract law, China's civil legislation generally distinguishes between consumer contracts and non-consumer contracts. The standard clause method is first applicable to consumer contracts, and should be further applied to contracts between operators. The independent profit-making activities of operators should not be a reason to deny the attributes of standard terms, but the control of the content of standard terms should be different between operators' contracts, which is reflected in the special relationship between business practices and operators, and can be used as a specific reason for the entry into force of standard terms among operators.
Fourthly, the particularity of standard contract in the field of social security.
What needs to be discussed is whether the standard clause method stipulated in the Contract Law can be applied to all types of contracts. Chapter 10 of China's Contract Law specifically stipulates the contracts for power supply, water supply, gas supply and heating. According to the nature of such contracts, they are usually based on standard contracts. According to the overall interpretation of the contract, the following provisions of Article 39 of the Contract Law are bound to apply to this kind of standard contract. However, China's "Contract Law" stipulates other contracts such as electricity, water, gas and heat supply contracts and sales contracts as well-known contracts, which seems inappropriate:
First of all, this kind of contract involves the basic social security of the national economy and people's livelihood. This kind of contract faces all unspecified civil subjects, and its social function is different from the general contract type. Therefore, it must take the form of standard contract (not just standard clauses), and the principle of compulsory contracting should be implemented in the rules of contract conclusion.
Secondly, at least for ordinary citizens (consumers), such contracts are usually not for profit; This is mainly reflected in the fact that the prices of electricity, water, gas and heat must be determined by the competent state departments through hearings. In fact, the price is an important part of the standard terms in this kind of contract, but in the general standard contract, the parties can still negotiate the price freely.
Third, the specific terms of such contracts usually need to be approved by the relevant state organs, so the standard terms of contracts usually appear in the form of administrative regulations, and the control of their contents usually appears in the legislative process, rather than judicial control afterwards.
Personally, I think that China's contract law should not stipulate the supply contract of electricity, water, gas and heat as a typical contract form alongside the sales contract, but should determine the contents of such format contracts in the form of separate regulations through the argumentation of relevant departments. Accordingly, the content control of this format contract is embodied in the formulation of unilateral rules. This kind of social supply format contract expressed by administrative rules, after passing the legislative review in advance, will be exempted from the control of judicial content and should not be regarded as a format contract in the general sense, otherwise the court will enjoy the right of judicial review of laws and regulations produced in accordance with certain legislative procedures, which obviously violates the judicial scope enjoyed by the courts in China at present.
To sum up, when determining whether the contract terms are standard terms, we must make an investigation from the aspects of pre-formulation, repeated use, unilateral proposal and non-negotiation. In the consumer contract, in order to strengthen the protection of consumers, the rules of standard clauses should be applied analogously to the clauses that operators use once but consumers can't change their contents; When operators use standard terms, the special relationship between business practices and operators can be used as a specific reason to deny the attributes of standard terms; For contracts in the field of social supply, the public welfare of such special contracts should be ensured through legislative review in advance, and the court has no right to conduct judicial review on the provisions of special format contracts with legal source effect afterwards.
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Precautions:
[1] Article 29 of Chapter II of the third draft of the Contract Law stipulates that if a contract is concluded by using a fixed contract text, the party who concluded the contract text shall take reasonable measures to draw the attention of the other party to the terms of its exemption from liability and the terms of its main obligations, and explain the above terms at the request of the other party. If there is any dispute over the understanding of the terms of a fixed contract, an explanation in favor of the other party shall be made. The provisions of the preceding paragraph shall apply to the conclusion of a contract by using the finalized contract text formulated by the trade association, the competent department or the parent company.
[2] See Wang Liming's Research on Contract Law, Volume I, below 178, 2002.
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What are the production steps of PPT template for opening report? PPT production steps of opening report:
1, Title: When doing PPT, you usually look for templates on the office resource network. But when choosing a template, we should also be careful not to make it too fancy, especially not to have too many animation effects in PPT. Write the title of the open topic on the home page. The title can express your research clearly, and it doesn't need to be too long.
2. Content: Next is the content of the whole PPT, which is roughly divided into four parts. The teachers present will give corresponding opinions according to the narration, so you don't need too many PPT blocks, but you must be clear about what you want to do.
3. Research background: On the research background, we can talk about the current background first. The background is to write about the demand for this research in a certain field or the room for improvement of this research.
4. Research content: Then, in view of the shortcomings of the above research, you can explain what you want to study. Here, I want to list what I want to learn.
5. Thank you: Don't forget to thank you at the end of PPT.