公用企业强制缔约制度研究-民商法学专业论文.docxVIP

重庆大学 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV system of compulsory contracting of public utilities. Through the comparative analysis, we could discover the reference for our country. Part3, introduce the present situation and the insufficiency in the system of our countrys compulsory contracting of public utilities mainly. First of all, introduce the concept of public utilities and analyze its meaning and characteristics. Secondly, analyze the causes of the compulsory contracting of public utilities, mainly including the requirement of the government function, the requirement of contract justice, political and economic requirements of a particular purpose and the requirement of corporate social responsibility. Then, analyze the nature of the compulsory contracting of public utilities, clearing its civil law attribute. Then, by listing the related laws and regulations, which introduce our countrys system of compulsory contracting of public utilities. Finally, summarize deficiencies about our system of compulsory contracting of public utilities, specifically including the lack of principle provisions, the narrow applicable scope, unclear justifications and lack of civil liability standards four issues. Part4, how to perfect our system of compulsory contracting of public utilities are proposed. Concrete measures including the introduction of provisions in principle, expanding the scope of application, clearing justifications and improving the civil liability. Justifications mainly includes the justifications selectivity with the other party of the contracting parties, contracting requirements and disgraceful consideration in violation of law, or force majeure. Perfecting civil liability refers explicitly civil liability of nature, bear mode and applicable way. Key words: Public utilities, Compulsory contracting, Legal responsibility 重庆大学硕 重庆大学硕士学位论文 目 录 目 录 中文摘要I 英文摘要 II 1 引 言 1 1.1 选题背景和意义 1 1.1.1 选题背景 1 1.1.2 研究意义 1 1.2 国内外研究现状 2 1.2.1 国内研究现状 2 1.2.2 国外研究现状 2 2 强制缔约的一