H高速建设项目合同治理优化研究
发布时间：2018-10-17 22:14
【摘要】：随着高速公路建设项目的快速发展,合同各参与主体在合同实施过程中的问题不断涌现。为了解决高速公路建设过程中的问题,降低高速公路建设风险,学者们在不同领域探寻新的治理模式。事实上,在项目实施过程中,项目合同已经成为了建设项目管理的核心,特别是在国内全面实施招标投标制度之后,合同已经成为最受项目业主与承包商关注的因素,都希望通过合适的合同治理策略,在保证项目顺利实施的同时保障双方权益。项目合同管理与合同治理是两个不同的概念,前者涉及具体的运营过程,而后者注重项目合同运行的基础和责任体系框架的构建。文章选取H高速建设项目合同治理作为具体研究对象,首先介绍全文的研究背景与意义,对国内外学者关于合同治理的理论研究成果进行归纳;在对项目治理、合同治理以及关系治理内涵界定的基础上,提炼项目合同治理的衡量和影响因素,分析项目合同治理与合同管理、关系治理之间的关系。其次对H高速建设项目合同治理现状及治理成效进行分析,指出其在合同治理方面存在合同管理水平落后、合同执行力度不足、合同风险管理意识偏低,承包方存在道德风险问题等问题,揭示造成上述问题的原因在于合同治理组织机构不健全、合同签订前的工程分析不透彻、缺乏严谨的合同管理制度以及健全的法律法规约束。最后从内部、外部及关系治理优化三个方面提出具体的改进措施,其中内部治理优化措施包括构建项目合同内部治理的组织体系、全项目、全员、全过程”的管理体系、项目内部治理的评价体系以及项目风险管理体系;外部治理优化措施包括完善合同管理法律法规、妥善处理与利益相关者的关系和健全合同诚信体系;合同关系治理优化措施包括重视项目关系治理、建立关系化的合同体系,确保合同治理与关系治理相互补,共同作用于合同治理。文章的研究丰富了我国建设项目管理理论的框架体系,拓展了合同治理理论的应用范围。帮助H高速建设项目业主发现、解决其在合同治理方面存在的问题,有利于该工程建设项目的顺利实施,降低工程建设成本以及风险,提高建设项目的经济效益。除此之外,本文的研究结论对于我国其他地区高速公路建设开发项目合同治理工作开展也具有一定的指导意义和借鉴价值。
[Abstract]:With the rapid development of highway construction project, the problems of contract participants in the process of contract implementation continue to emerge. In order to solve the problems in the process of highway construction and reduce the risk of highway construction, scholars seek new governance models in different fields. In fact, in the process of project implementation, project contract has become the core of construction project management, especially after the comprehensive implementation of bidding system in China, the contract has become the most concerned factor of project owner and contractor. Hope to ensure the smooth implementation of the project at the same time to protect the rights and interests of both parties through the appropriate contract governance strategy. Project contract management and contract governance are two different concepts, the former involves the specific operation process, while the latter pays attention to the foundation of project contract operation and the construction of responsibility system framework. This article selects H high speed construction project contract governance as the concrete research object, first introduces the full text research background and the significance, summarizes the domestic and foreign scholars about the contract governance theory research achievement; On the basis of defining the connotation of contract governance and relationship governance, the measurement and influence factors of project contract governance are refined, and the relationship among project contract governance, contract management and relationship governance is analyzed. Secondly, the paper analyzes the present situation and effect of contract governance of H high speed construction project, and points out that the contract management level is backward, the execution of contract is insufficient, and the consciousness of contract risk management is on the low side. There are some problems such as moral hazard in the contractor. The causes of the above problems are that the organization of the contract governance is not perfect, the engineering analysis before the signing of the contract is not thorough, the strict contract management system and the sound laws and regulations are lacking. Finally, the paper puts forward the concrete improvement measures from three aspects of internal, external and relational governance optimization, in which the internal governance optimization measures include the construction of the organizational system of the internal governance of the project contract, the management system of the whole project, the whole staff and the whole process. The evaluation system of project internal governance and the project risk management system, the optimization measures of external governance include the improvement of contract management laws and regulations, the proper handling of the relationship with stakeholders and the improvement of contract integrity system. The optimization measures of contract relationship governance include paying attention to project relationship governance, establishing relational contract system, ensuring that contract governance and relationship governance complement each other and acting together on contract governance. The research enriches the frame system of construction project management theory and expands the scope of application of contract governance theory. To help the owners of H high speed construction project find that solving the problems existing in contract governance is beneficial to the smooth implementation of the project, reducing the construction cost and risk, and improving the economic benefit of the construction project. In addition, the conclusion of this paper also has certain guiding significance and reference value for other regions of our country highway construction and development project contract management work.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：U415.1
本文编号：2278183
[Abstract]:With the rapid development of highway construction project, the problems of contract participants in the process of contract implementation continue to emerge. In order to solve the problems in the process of highway construction and reduce the risk of highway construction, scholars seek new governance models in different fields. In fact, in the process of project implementation, project contract has become the core of construction project management, especially after the comprehensive implementation of bidding system in China, the contract has become the most concerned factor of project owner and contractor. Hope to ensure the smooth implementation of the project at the same time to protect the rights and interests of both parties through the appropriate contract governance strategy. Project contract management and contract governance are two different concepts, the former involves the specific operation process, while the latter pays attention to the foundation of project contract operation and the construction of responsibility system framework. This article selects H high speed construction project contract governance as the concrete research object, first introduces the full text research background and the significance, summarizes the domestic and foreign scholars about the contract governance theory research achievement; On the basis of defining the connotation of contract governance and relationship governance, the measurement and influence factors of project contract governance are refined, and the relationship among project contract governance, contract management and relationship governance is analyzed. Secondly, the paper analyzes the present situation and effect of contract governance of H high speed construction project, and points out that the contract management level is backward, the execution of contract is insufficient, and the consciousness of contract risk management is on the low side. There are some problems such as moral hazard in the contractor. The causes of the above problems are that the organization of the contract governance is not perfect, the engineering analysis before the signing of the contract is not thorough, the strict contract management system and the sound laws and regulations are lacking. Finally, the paper puts forward the concrete improvement measures from three aspects of internal, external and relational governance optimization, in which the internal governance optimization measures include the construction of the organizational system of the internal governance of the project contract, the management system of the whole project, the whole staff and the whole process. The evaluation system of project internal governance and the project risk management system, the optimization measures of external governance include the improvement of contract management laws and regulations, the proper handling of the relationship with stakeholders and the improvement of contract integrity system. The optimization measures of contract relationship governance include paying attention to project relationship governance, establishing relational contract system, ensuring that contract governance and relationship governance complement each other and acting together on contract governance. The research enriches the frame system of construction project management theory and expands the scope of application of contract governance theory. To help the owners of H high speed construction project find that solving the problems existing in contract governance is beneficial to the smooth implementation of the project, reducing the construction cost and risk, and improving the economic benefit of the construction project. In addition, the conclusion of this paper also has certain guiding significance and reference value for other regions of our country highway construction and development project contract management work.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：U415.1
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