国际油气合作合同制度研究

发布时间：2018-03-05 21:39

本文选题：国际油气合作　切入点：国际油气合作合同　出处：《中国地质大学（北京）》2011年硕士论文　论文类型：学位论文

【摘要】：伴随着世界油气市场的不断发展,国际油气合作大多通过油气资源国政府(或国家石油公司)与外国石油公司签订并履行国际油气合作合同来完成。因此,国际油气合作合同制度日益受到世界各国政府、国家石油公司、跨国石油公司所重视。所谓国际油气合作合同是指油气资源国政府(或国家石油公司)同外国石油公司为合作勘探开发本国石油天然气资源,依法订立的包括油气勘探、开发、生产和销售在内的规定双方权利义务的法律合同。本文通过对国际油气合作合同的主要内容、权利义务以及部分国家油气合作合同实例进行研究,旨在整体分析国际油气合作合同制度,并结合中国油气合作合同模式现状与存在的问题,提出相关改革建议,以期为中国石油天然气行业的发展尽一份绵薄之力。本文共分为五章。第一章,主要介绍国际油气合作合同的产生、概念、法律特征、作用、法律基础等方面内容。第二章,分析研究矿费税收制合同、产量分成合同、服务合同、回购合同、联合经营合同、特殊合同的概念、特征、权利义务。第三章,分析研究国际油气合作合同所涉及的主要内容,包括矿产资源所有权、探矿权与采矿权、财税制度、取得勘探开发油气资源特许经营权的方式等方面,并分析合同的主要条款。第四章,分析研究外国油气合作合同制度,以俄罗斯、哈萨克斯坦、伊朗、伊拉克等比较有代表性的油气资源国为例,分析油气资源国的油气立法、主要合同条款内容、油气合作合同模式分析并提供外国石油公司进入该国的投资建议。第五章,介绍目前中国油气合作合同制度的概况,分析目前中国合同制度存在的问题,并提出改进建议。
[Abstract]:With the continuous development of the world oil and gas market, international oil and gas cooperation is mostly accomplished through the signing and implementation of international oil and gas cooperation contracts between the governments (or national oil companies) of oil and gas resource countries and foreign oil companies. The system of international oil and gas cooperation contracts is increasingly received by governments and national oil companies around the world. The so-called international oil and gas cooperation contracts are those concluded by the governments of countries with oil and gas resources (or national oil companies) and foreign oil and gas companies in order to cooperate in the exploration and development of their own oil and natural gas resources, including oil and gas exploration and development according to law, A legal contract, including production and sales, that specifies the rights and obligations of both parties. In this paper, the main contents, rights and obligations of international oil and gas cooperation contracts, as well as some examples of national oil and gas cooperation contracts, are studied in order to analyze the system of international oil and gas cooperation contracts as a whole. Combined with the current situation and existing problems of China's oil and gas cooperation contract mode, this paper puts forward some relevant reform suggestions in order to contribute to the development of China's petroleum and natural gas industry in the hope of making a contribution to the development of China's oil and gas industry. This paper is divided into five chapters. The first chapter mainly introduces the emergence, concept, legal characteristics, role, legal basis of international oil and gas cooperation contract. The second chapter analyzes the concept, characteristics, rights and obligations of the contract of mining fee tax system, the contract of production share, the contract of service, the contract of repurchase, the contract of joint operation, the special contract. The third chapter analyzes the main contents involved in the international oil and gas cooperation contract, including the ownership of mineral resources, exploration and mining rights, financial and tax system, the way to obtain the franchise of exploration and development of oil and gas resources, etc. And analyze the main terms of the contract. Chapter 4th, analyzing and studying the contract system of foreign oil and gas cooperation, taking Russia, Kazakhstan, Iran, Iraq and other representative oil and gas resource countries as examples, analyzing the oil and gas legislation of oil and gas resource countries and the contents of the main contract clauses. Oil and gas cooperation contract model analysis and provide foreign oil companies to enter the country's investment advice. Chapter 5th introduces the general situation of China's oil and gas cooperation contract system, analyzes the problems existing in the current Chinese contract system, and puts forward some suggestions for improvement.
【学位授予单位】：中国地质大学（北京）
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：F416.22;D996

【引证文献】