基于承包人公平感受的建設(shè)工程合同參照點研究：來自眼動實驗的數(shù)據(jù)
發(fā)布時間：2019-06-03 08:38
【摘要】：建筑工程項目領(lǐng)域中,出于投資控制以及項目績效的目的,發(fā)包人往往以其自身優(yōu)勢地位在建設(shè)工程招標投標階段的合同擬定過程中設(shè)計嚴格的控制性條款,確保工程項目投資的可控性以及既定項目績效的實現(xiàn)。然而,基于承包人“經(jīng)濟人”假設(shè)條件下擬定的嚴苛性合同條款忽略了承包人的“社會人”屬性,過于嚴苛的合同條款會引發(fā)承包人不公平感受,間接導(dǎo)致承包人消極履約乃至事后機會主義行為的發(fā)生,最終致使項目績效低下。契約參照點理論指出,事前契約是承包人判斷自身權(quán)利得失的唯一標準,并影響其履約行為選擇。因此,項目履約績效改善的核心問題在于承包人感受自身權(quán)益是否得到公平對待。依據(jù)契約參照點理論研究邏輯,在建設(shè)工程領(lǐng)域中,發(fā)承包雙方之間簽訂的合同中規(guī)定雙方權(quán)益結(jié)果的條款也可作為參照點,也會引起承包人公平感受。當合同價款與承包人承擔的風險相匹配以及合同價款調(diào)整中己方權(quán)利得到了公正對待,則可認為約定的合同是公平的。由此可知,發(fā)承包雙方之間締結(jié)的合同中涉及承包人應(yīng)得權(quán)益的合同條款是其判斷自身利益得失的參照點,是觸發(fā)和誘導(dǎo)承包人公平感知的源頭。鑒于此,為了確定能誘發(fā)承包人公平感受的合同參照點,文章擬選擇眼動實驗研究方法來探索承包人公平感受與具有公平感知特征的合同條款之間的穩(wěn)健關(guān)系。文章主要包括以下兩部分內(nèi)容:1、眼動實驗材料的設(shè)計研究基于相關(guān)研究的回顧和分析,為了更好的對實驗過程進行控制,以工程變更與物價波動兩種情形進行情境帶入,分別代表影響大和影響小兩種情況。實驗材料為工程變更和物價波動相關(guān)合同條款。首先對合同文本中的條款進行提煉設(shè)置,使其具有可閱讀性。其次,為保證合同條款設(shè)置的合理性,選取30名不參加正式實驗的承包人或從事合同管理相關(guān)研究的專家對合同條款設(shè)置的合理性進行評定。最后,通過預(yù)實驗對實驗材料進行完善和修改,確定最終正式實驗的實驗材料。2、建設(shè)工程合同參照點集合的確定研究首先通過眼動實驗收集承包人閱讀實驗材料的注視點數(shù)、注視時間和熱點圖等眼動指標,分析承包人對合同條款的關(guān)注度,從而得出建設(shè)工程合同中能引起承包人關(guān)注的合同條款。其次,眼動實驗結(jié)束后請每位被試填寫相關(guān)問卷并進行半結(jié)構(gòu)化訪談,進而了解承包人對不同實驗材料的公平感受。最終與現(xiàn)有研究進行對比,從而驗證建設(shè)工程合同參照點與承包人心理感受之間的關(guān)系,確定工程項目合同參照點集合及其架構(gòu)。
[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.
【學(xué)位授予單位】：天津理工大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：F284
本文編號：2491806
[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.
【學(xué)位授予單位】：天津理工大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：F284
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