基于承包人公平感受的建设工程合同参照点研究：来自眼动实验的数据

发布时间：2019-06-03 08:38

【摘要】：建筑工程项目领域中,出于投资控制以及项目绩效的目的,发包人往往以其自身优势地位在建设工程招标投标阶段的合同拟定过程中设计严格的控制性条款,确保工程项目投资的可控性以及既定项目绩效的实现。然而,基于承包人“经济人”假设条件下拟定的严苛性合同条款忽略了承包人的“社会人”属性,过于严苛的合同条款会引发承包人不公平感受,间接导致承包人消极履约乃至事后机会主义行为的发生,最终致使项目绩效低下。契约参照点理论指出,事前契约是承包人判断自身权利得失的唯一标准,并影响其履约行为选择。因此,项目履约绩效改善的核心问题在于承包人感受自身权益是否得到公平对待。依据契约参照点理论研究逻辑,在建设工程领域中,发承包双方之间签订的合同中规定双方权益结果的条款也可作为参照点,也会引起承包人公平感受。当合同价款与承包人承担的风险相匹配以及合同价款调整中己方权利得到了公正对待,则可认为约定的合同是公平的。由此可知,发承包双方之间缔结的合同中涉及承包人应得权益的合同条款是其判断自身利益得失的参照点,是触发和诱导承包人公平感知的源头。鉴于此,为了确定能诱发承包人公平感受的合同参照点,文章拟选择眼动实验研究方法来探索承包人公平感受与具有公平感知特征的合同条款之间的稳健关系。文章主要包括以下两部分内容:1、眼动实验材料的设计研究基于相关研究的回顾和分析,为了更好的对实验过程进行控制,以工程变更与物价波动两种情形进行情境带入,分别代表影响大和影响小两种情况。实验材料为工程变更和物价波动相关合同条款。首先对合同文本中的条款进行提炼设置,使其具有可阅读性。其次,为保证合同条款设置的合理性,选取30名不参加正式实验的承包人或从事合同管理相关研究的专家对合同条款设置的合理性进行评定。最后,通过预实验对实验材料进行完善和修改,确定最终正式实验的实验材料。2、建设工程合同参照点集合的确定研究首先通过眼动实验收集承包人阅读实验材料的注视点数、注视时间和热点图等眼动指标,分析承包人对合同条款的关注度,从而得出建设工程合同中能引起承包人关注的合同条款。其次,眼动实验结束后请每位被试填写相关问卷并进行半结构化访谈,进而了解承包人对不同实验材料的公平感受。最终与现有研究进行对比,从而验证建设工程合同参照点与承包人心理感受之间的关系,确定工程项目合同参照点集合及其架构。
[Abstract]:In the field of construction projects, for the purpose of investment control and project performance, the contractor often designs strict control clauses in the process of contract formulation in the bidding and bidding stage of construction projects. Ensure the controllability of project investment and the realization of established project performance. However, based on the strict contract clause drawn up under the assumption of "economic person" of the contractor, the "social person" attribute of the contractor is ignored, and the overly strict contract terms will lead to the unfair feeling of the contractor. It indirectly leads to the negative performance of the contractor and even the occurrence of opportunistic behavior after the event, and finally leads to the low performance of the project. According to the theory of contract reference point, prior contract is the only criterion for contractors to judge the gains and losses of their own rights, and affects the choice of performance behavior of contractors. Therefore, the core problem of the improvement of project performance is whether the contractor feels that his own rights and interests have been treated fairly. According to the theory of contract reference point, in the field of construction engineering, the clause stipulated in the contract signed between the two parties can also be used as the reference point, which will also cause the contractor to feel fair. When the contract price matches the risk borne by the contractor and the rights of one's own party are treated fairly in the adjustment of the contract price, the agreed contract can be considered to be fair. It can be seen that the contract clause in the contract concluded between the contractor and the contractor is the reference point for them to judge the gain and loss of their own interests, and it is the source of trigger and induce the contractor's fair perception. In view of this, in order to determine the contract reference point which can induce the contractor's fair feeling, this paper intends to choose the experimental research method of eye movement to explore the robust relationship between the contractor's fair feeling and the contract terms with the characteristics of fair perception. The article mainly includes the following two parts: 1. The design and research of eye movement experimental materials is based on the review and analysis of related research. In order to better control the experimental process, the situation is brought into the situation of engineering change and price fluctuation. It represents two kinds of cases: big influence and small influence. The experimental materials are contract terms related to engineering changes and price fluctuations. First of all, the terms of the contract text are refined and set up to make it readable. Secondly, in order to ensure the rationality of the contract clause setting, 30 contractors who did not participate in the formal experiment or experts engaged in the relevant research of contract management were selected to evaluate the rationality of the contract clause setting. Finally, the experimental materials are improved and modified through the pre-experiment, and the experimental materials for the final formal experiment are determined. 2, Research on the determination of reference Point set in Construction Project contract firstly, the eye movement indexes such as gaze points, gaze time and hot spot diagram of the contractor reading the experimental materials are collected through the eye movement experiment, and the contractor's attention to the terms of the contract is analyzed. Thus, the contract terms which can attract the attention of the contractor in the construction project contract are obtained. Secondly, after the eye movement experiment, each subject was asked to fill out the relevant questionnaire and conduct a semi-structured interview, so as to understand the contractor's fair feelings about different experimental materials. Finally, it is compared with the existing research to verify the relationship between the reference point of the construction contract and the psychological feeling of the contractor, and to determine the set of reference points of the contract of the project and its structure.
【学位授予单位】：天津理工大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F284

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