供用电合同研究
发布时间：2018-11-11 10:06
【摘要】：随着我国社会主义事业的发展，具有中国特色社会主义法律体系的初步建成，法律对人民生活的影响也日益密切，在能源领域，供用电合同成为约束供用电法律关系双方的基本规范，对供用电合同的研究也更具有现实意义。 本文主要说明了供用电合同的基本理论，包括供用电合同的概念、性质及在我国合同法中的体系地位。供用电合同作为合同的一种既具有合同的一般特征，也具有其特殊性，供用电合同是继续性合同、格式合同同时也是具有强制缔约性质的典型。通过对供用电合同中典型特点的论述，明了供用电合同在适用合同法时的具体规则，明确合同双方权利义务关系。 目前为止，在对供用电合同的法律规范上，形成了以《合同法》、《电力法》等法律为主体，以《电力供应与使用条例》、《电力监管条例》等行政法规为框架以及政府规章、地方性法规为细化的体系格局，在供用电合同领域做到了有法可依。同时也应该看到，上下位法之间的衔接、下位法对上位法细化的程度上还有待改善。 在合同的运行过程中，又存在着诸如合同主体资格认定、合同履行过程中的停电、限电、电费回收等方面的风险，稍有疏忽就可能会引起合同双方的纠纷，通过对这些潜在风险的分析及应采取规避风险措施的比较，以期对供用电合同的实际履行提供可行的建议。 供用电合同的实际履行过程中，会因为一方或双方的违约及第三人的原因造成利益损害，在损害发生后的赔偿责任的承担也成为供用电合同履行中需要注意的问题。归责原则的确定，，损失的范围，违约责任与侵权责任在一定范围上的竞合以及对纯粹经济上损失的态度都成为处理双方经济关系需要关注的问题。本文试图对以上问题作出理论上的梳理和实践上的选择。
[Abstract]:With the development of the socialist cause in our country and the preliminary establishment of the legal system of socialism with Chinese characteristics, the impact of the law on the people's lives has become increasingly close, and in the field of energy, The contract of power supply and power supply has become the basic norm of restricting the legal relationship between supply and power, and the research on the contract of supply and use of electricity and power is of more practical significance. This paper mainly explains the basic theory of power supply contract, including the concept, nature and system status of power supply contract. As a kind of contract, the power supply contract has both the general characteristics and the particularity of the contract. The power supply contract is a continuation contract, and the format contract is also a typical contract with the nature of compulsory contracting. By discussing the typical characteristics of the power supply contract, the specific rules of the contract law and the relationship between the rights and obligations of the two parties are clarified. So far, in the legal regulation of power supply and power supply contracts, the main body of the laws is "contract Law", "electricity Law" and so on, with "regulations on the supply and use of electricity", "regulations on electricity Supervision" and other administrative regulations as the framework as well as government regulations. Local laws and regulations for the refinement of the system, in the field of power supply contracts to achieve a legal basis. At the same time, the connection between upper and lower methods and the degree of refinement of upper and lower methods need to be improved. During the operation of the contract, there are risks such as the qualification of the subject of the contract, the blackout during the performance of the contract, the power limit, the recovery of the electricity charge, and so on. A slight negligence may lead to disputes between the two parties to the contract. Through the analysis of these potential risks and the comparison of the measures to avoid them, the author hopes to provide some feasible suggestions for the practical implementation of the power supply contract. During the actual performance of the power supply contract, the breach of contract between one or both parties and the cause of the third party will cause damage to the interests of the third party. The liability for compensation after the damage has also become a problem to be paid attention to in the performance of the contract of power supply and power supply. The determination of the principle of imputation, the scope of loss, the concurrence between the liability for breach of contract and the liability for tort in a certain range, and the attitude towards pure economic loss are all problems that need to be paid attention to in dealing with the economic relationship between the two sides. This paper attempts to make a theoretical and practical choice to the above problems.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.6
本文编号：2324518
[Abstract]:With the development of the socialist cause in our country and the preliminary establishment of the legal system of socialism with Chinese characteristics, the impact of the law on the people's lives has become increasingly close, and in the field of energy, The contract of power supply and power supply has become the basic norm of restricting the legal relationship between supply and power, and the research on the contract of supply and use of electricity and power is of more practical significance. This paper mainly explains the basic theory of power supply contract, including the concept, nature and system status of power supply contract. As a kind of contract, the power supply contract has both the general characteristics and the particularity of the contract. The power supply contract is a continuation contract, and the format contract is also a typical contract with the nature of compulsory contracting. By discussing the typical characteristics of the power supply contract, the specific rules of the contract law and the relationship between the rights and obligations of the two parties are clarified. So far, in the legal regulation of power supply and power supply contracts, the main body of the laws is "contract Law", "electricity Law" and so on, with "regulations on the supply and use of electricity", "regulations on electricity Supervision" and other administrative regulations as the framework as well as government regulations. Local laws and regulations for the refinement of the system, in the field of power supply contracts to achieve a legal basis. At the same time, the connection between upper and lower methods and the degree of refinement of upper and lower methods need to be improved. During the operation of the contract, there are risks such as the qualification of the subject of the contract, the blackout during the performance of the contract, the power limit, the recovery of the electricity charge, and so on. A slight negligence may lead to disputes between the two parties to the contract. Through the analysis of these potential risks and the comparison of the measures to avoid them, the author hopes to provide some feasible suggestions for the practical implementation of the power supply contract. During the actual performance of the power supply contract, the breach of contract between one or both parties and the cause of the third party will cause damage to the interests of the third party. The liability for compensation after the damage has also become a problem to be paid attention to in the performance of the contract of power supply and power supply. The determination of the principle of imputation, the scope of loss, the concurrence between the liability for breach of contract and the liability for tort in a certain range, and the attitude towards pure economic loss are all problems that need to be paid attention to in dealing with the economic relationship between the two sides. This paper attempts to make a theoretical and practical choice to the above problems.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.6
【引证文献】
相关硕士学位论文 前1条
1 徐宏泉;电网企业电费回收风险的法律防范研究[D];兰州大学;2014年
本文编号：2324518
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