Abstract: The service industry leading industry mode marks the entry of society into the pursuit of quality of life. Civil law should respond to it through institutional innovation, so as to realize the institutional solution of major contradictions of the new era put forward in the 19th National Congress of the CPC. Based on the characteristics of service trading connects production and consumption links, this paper puts forward a new problem of how to adjust the coexistence of business behavior and civil behavior. Service recipients have serious trading dependence on service providers, and the service industry should adhere to the business mode which is different from the commodity trading, that is to pursue the profit under the ethical constraints contained in the service industry. The service contract should be famous in the compilation of civil code. The key is to maintain service acceptors′trust in the service transaction by providing a legislative form of service providers′ obligation.

Key words: carry out the 19th National Congress spirit, service trade, business model;service contract