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|Title: ||從關係契約看BOT夥伴關係經營 : 以臺北轉運站為例|
|Other Titles: ||The study of public-private partnership in BOT from the perspective of relational contract : the case study of Taipei transfer station|
|Authors: ||張柏榮;Chang, Po-Jung|
|Keywords: ||關係契約;公私夥伴關係;relational contract;Public-private partnerships;BOT|
|Issue Date: ||2013-04-13 11:34:12 (UTC+8)|
|Abstract: ||壹、研究背景：我國政府以「公私部門夥伴關係」(public-private partnerships)模式推動公共建設的發展已行之有年，其主要目的是為了利用民間的資金與專業以紓緩窘迫的財政，並且創造額外財政收入同時增加就業機會，而推行公共建設的方式又以BOT（Build-Operate-Transfer）模式為大宗。BOT模式乃是公部門藉由契約的簽訂將特許權授予私部門，公私雙方在契約的架構之下共同合作開發公共建設，但是卻發現在這類以公私夥伴關係經營BOT的諸多案例之中不乏失敗的個案，由此可見契約的簽訂並無法保證契約目標得以實現，因此如何經營公私夥伴之間的「關係契約」（relational contract），藉此達成契約目標實為本研究焦點。|
I. Background: Our government use public-private partnerships mode to promoted the development of public construction has been several years.The main purpose is to ease the relief of financial distress, and create additional revenue while increasing employment opportunities, and the main way of implementation of public construction is BOT (Build-Operate-Transfer). The meaning of BOT model is the public sector granted concession to the private sector by signing contract. Then the public and private sector cooperation to develop public construction under the framework of the contract. But found that there are many failure cases, among many other cases of operating BOT by public-private partnerships mode. Shows that signing contract can not guarantee that the contract targets can be achieved, and how to operate relational contract between public and private sector, to achieve contract targets is the focus of this article.
II. Theoretical Foundations: Relational contract theory was first proposed by Macneil in the 1960s, this theory stressed that any contract not only exists goods trading but also relations exchanges between both sides. Macneil thinks that the relation exchanges are almost unbitquious, so relational contract theory is the general theory to description of social order.
III. Methods: Firstly, discourse and perspectives of scholars in various fields for the relational contract theory are sorted by literature analysis，and we conclude the following three features about relational contract：long-term cooperation、the opening of terms and self-enforcing.Then we can understand practitioners’ cognition for relational contract and the presentation of relational contract in practice in this case by in-depth interview.
IV. Conclusions: The three features of relational contract play different roles and have important function individually in this case.
1.Long-term cooperation：It’s main factor to cause problems and disputes easily in process of cooperation, and thus it unsure factor in this case.
2.The opening of terms：It enables to establish trust and cooperation among partners, and it''s conducive to the stable development of the partnership.At the same time, it provide a mechanism that deal with controversy in contract for partners, and it will help partners search for the way that each other can accept. If there are controversy among partners, the mechanism of coordinating controversy in the contract can avoid interference of legal force directly, and indirectly ensure cooperation relationship.
3.Self-enforcing：It plays a role just like carrot-and-stick in this case, and it’s presentation of incentive and pressure to ensure that the force of law can’t intrude into the relationship of cooperation.
|Appears in Collections:||[公共行政學系暨研究所] 學位論文|
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