THE STRUCTURE OF GOVERNANCE FOR CONSTRUCTION CONTRACT IN CHINA: BASED ON THE COMPARATIVE STUDY WITH FIDIC FORM

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  • 中国における建設契約ガバナンスの構造:FIDICとの比較分析を通じて
  • チュウゴク ニ オケル ケンセツ ケイヤク ガバナンス ノ コウゾウ : FIDIC ト ノ ヒカク ブンセキ オ ツウジテ

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 Japanese contractors may be required to accumulate the knowledge on the Chinese style of construction contracting governance as a background of the extensive role of Chinese contractors in international markets for infrastructure development. However a standard form of construction contract in one country may be harmonized neither with the one in other countries nor the international standard since the content of contract generally reflects local custom of contracting. This study aims at explicating the custom of contracting in the construction market of China by analyzing the standard form of construction contract for public works compared with FIDIC, the international standard form of construction contract. The result implies that the structure of contracting rule in the standard form in China is almost same with the FIDIC form except the operation rule of dispute resolution process. We have pointed out that the substantial difference between these two standard forms arises from the existence of relational governance in Chinese construction market.

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