Download or read book Theory of Administrative Contract written by Shi Jianhui (施建辉) and published by Bouden House. This book was released on 2024-08-24 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract is not only a spirit and a concept, but also a system and a method. As a spirit and a concept, it is very inclusive; as a system and a method, it is very practical. Contract is a theory with a long history and fruitful practice. The reform of administrative law starts with the contract. The author is honored to be one of the first scholars in mainland China to introduce the concept and basic system of civil contracts into administrative law. Although mainland China has not yet established the legality of administrative contracts through the legislative method of administrative procedure law, the research and promotion of a group of scholars in mainland China, including the author, mainland China revised the Administrative Litigation Law at the 11th meeting of the Standing Committee of the 12th National People's Congress in 2014, and for the first time included administrative agreement disputes in the scope of administrative litigation. The Supreme People's Court Trial Committee also passed the judicial interpretation of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases" at the 1,781st meeting on November 12, 2019, which came into effect on January 1, 2020. The great progress of administrative contracts in administrative justice is inseparable from the efforts of the first batch of administrative contract pioneers in mainland China, including the author! It is also a great affirmation and praise, for which the author is deeply gratified!

Download or read book Contract Theory written by Patrick Bolton and published by MIT Press. This book was released on 2004-12-10 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive introduction to contract theory, emphasizing common themes and methodologies as well as applications in key areas. Despite the vast research literature on topics relating to contract theory, only a few of the field's core ideas are covered in microeconomics textbooks. This long-awaited book fills the need for a comprehensive textbook on contract theory suitable for use at the graduate and advanced undergraduate levels. It covers the areas of agency theory, information economics, and organization theory, highlighting common themes and methodologies and presenting the main ideas in an accessible way. It also presents many applications in all areas of economics, especially labor economics, industrial organization, and corporate finance. The book emphasizes applications rather than general theorems while providing self-contained, intuitive treatment of the simple models analyzed. In this way, it can also serve as a reference for researchers interested in building contract-theoretic models in applied contexts.The book covers all the major topics in contract theory taught in most graduate courses. It begins by discussing such basic ideas in incentive and information theory as screening, signaling, and moral hazard. Subsequent sections treat multilateral contracting with private information or hidden actions, covering auction theory, bilateral trade under private information, and the theory of the internal organization of firms; long-term contracts with private information or hidden actions; and incomplete contracts, the theory of ownership and control, and contracting with externalities. Each chapter ends with a guide to the relevant literature. Exercises appear in a separate chapter at the end of the book.

Download or read book Contract Management written by Alain Brunet and published by Springer Nature. This book was released on 2021-07-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

Download or read book Contractual Management written by Ralph Schuhmann and published by Springer Nature. This book was released on 2019-10-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.

Download or read book Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.

Download or read book The Responsible Contract Manager written by Steven Cohen and published by Georgetown University Press. This book was released on 2008-10-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract management is a critical skill for all contemporary public managers. As more government duties are contracted out, managers must learn to coordinate and measure the performance of private contractors, and to write contract requirements and elicit bids that obtain important services and products at the best possible price and quality. They must also learn to work in teams that include both public and private sector partners. The Responsible Contract Manager delves into the issues of how to ensure that the work done by private sector contractors serves the public interest and argues for the necessity of making these organizations act as extensions of the public sector while maintaining their private character. Government contract managers have a unique burden because they must develop practices that ensure the production advantages of networked organizations and the transparency and accountability required of the public sector. The Responsible Contract Manager fills a major gap in public management literature by providing a clear and practical introduction to the best practices of contract management and also includes a discussion of public ethics, governance and representation theory. It is an essential guide for all public management scholars and is especially useful for students in MPA graduate programs and related fields.

Download or read book The Theory of Contract Law written by Peter Benson and published by Cambridge University Press. This book was released on 2001-02-05 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays addressing a variety of issues in the theory and practice of contract law.

Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Download or read book Government Contracting written by Robert A Shick and published by Routledge. This book was released on 2015-12-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government contracting is one of the most important issues facing federal, state, and local governments. As governments contend with lower tax revenues and a growing belief that smaller government is better government, contracting has become a fundamental means of providing goods and services to citizens. This volume, which is geared toward practitioners as well as students, addresses the broad range of issues that comprise government contracting – from the political, economic philosophy, and value of contracting – to the future of government contracting. Throughout the volume academic theory provides a foundation to address practical subjects, including the contract process, monitoring and evaluating contracts, ethics, and both federal and state local government contracting. Contributors to this volume are both academicians and practitioners, who together offer their scholarly expertise and practical experience, encouraging readers to ask the very question "What is the role of government in American society?" Through this approach, students will acquire the knowledge needed to understand the various aspects of government contracting, and practitioners will enhance their public procurement skills. Government Contracting is ideally suited to MPA students, practitioners in the public sector, and elected officials looking to enhance their understanding of privatization and contracting in order to provide public services more effectively.

Download or read book Citizen Participation in the Age of Contracting written by Anna A. Amirkhanyan and published by Routledge. This book was released on 2017-11-28 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizen Participation in the Age of Contracting is based on a simple premise: in democracies, power originates with citizens. While citizen participation in government remains a central tenet of democracy, public service delivery structures are considerably more complex today than they were fifty years ago. Today, governments contract with private organizations to deliver a wide array of services. Yet, we know very little about how citizens influence government decisions and policies in the "hollow state." Based on nearly 100 interviews with public and private managers, our findings about the state of citizen participation in contract governance are somewhat disheartening. Public and private organizations engaged citizens in a number of ways. However, most of their efforts failed to shift the power structure in communities and did not give citizens a chance to fundamentally shape local priorities and programs. Instead, elected officials and professional staff largely maintained control over significant policy and administrative decisions. Widespread, but narrow in their forms and impact, the participation practices we uncovered did not live up to the ideals of democracy and self-governance. Citizen Participation in the Age of Contracting is suitable for those who study public administration, as well as in other closely related fields such as nonprofit management and organizational behavior.

Download or read book Fundamentals of Contract and Commercial Management written by Jane Chittenden and published by Van Haren. This book was released on 2014-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking title from the world s leading authority on contemporary contracting best practices, the IACCM (International Association for Contract and Commercial Management) delivers a lively and practical complete insight into the contracting process which is useful in both business and personal life. Contracts are the language of business, and this book gives readers the essentials that can make a difference to any deal, no matter how big or small. Designed for the non-contract business professional, this book takes project managers and other professionals through the basic process and gives them a road map to improved results, increased value, and successful outcomes In this book you ll find sensible guidance and approaches to ensure business success. Case studies showing you what can go wrong and what can go right -- bring theory into the real world. Checklists give confidence and enable you to be certain that you have asked and answered the right questions as you go through any deal. This real-world approach demonstrates the value of effective contracting. This is not dry, academic prose. It is compelling and dynamic advice and tools to manage business relationships for both buyers and sellers.

Download or read book Contract Theory written by Stephen A. Smith and published by OUP Oxford. This book was released on 2004-03-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

Download or read book Agency Theory written by Alexander Stremitzer and published by Peter Lang Pub Incorporated. This book was released on 2005 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing a contract is often more of an economic than a legal problem. A good contract protects parties against opportunistic behavior while providing motivation to cooperate. This is where economics and, especially contract theory, may prove helpful by enhancing our understanding of incentive issues. The purpose of this book is to provide specific tools which will help to write better contracts in real world environments. Concentrating on moral hazard literature, this book derives a tentative checklist for drafting contracts. As an economic contribution to a field traditionally considered an art rather than a science, this treatment also gives much attention to methodological issues.

Download or read book The Public Administration Theory Primer written by H. George Frederickson and published by Routledge. This book was released on 2018-04-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public Administration Theory Primer explores how the science and art of public administration is definable, describable, replicable, and cumulative. The authors survey a broad range of theories and analytical approaches—from public institutional theory to theories of governance—and consider which are the most promising, influential, and important for the field. This book paints a full picture of how these theories contribute to, and explain, what we know about public administration today. The third edition is fully revised and updated to reflect the latest developments and research in the field including more coverage of governments and governance, feminist theory, emotional labor theory, and grounded research methodology. Expanded chapter conclusions and a brand-new online supplement with sample comprehensive exam questions and summary tables make this an even more valuable resource for all public administration students.

Download or read book Introduction to French Law written by George A. Bermann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.

Download or read book Debating Public Administration written by Robert F. Durant and published by Routledge. This book was released on 2017-09-25 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dialog between practitioners and academics has increasingly become the exception rather than the rule in contemporary public administration circles. Bridging the gap between theory and practice, Debating Public Administration: Management Challenges, Choices, and Opportunities tackles some of the major management challenges, choices, and opportunities of the twenty-first century facing public managers across various subfields of public administration. Informed by contemporary pressures on public managers to reconceptualize purpose, redefine administrative rationality, recapitalize human assets, reengage resources, and revitalize democratic constitutionalism, the book offers students, practitioners, and researchers an opportunity to take stock and ponder the future of practice and research in public administration. Organized by three sets of major management challenges facing the field—Rethinking Administrative Rationality in a Democratic Republic, Recapitalizing Organizational Capacity, and Reconceptualizing Institutions for New Policy Challenges—the book takes an uncommon approach to the study of these topics. In it, leading practitioners and academics comment on condensed versions of articles appearing in the Theory to Practice feature of Public Administration Review (PAR) from 2006 through 2011. The authors and commentators focus on some of the best current research, draw lessons from that literature for practice, and identify gaps in research that need to be addressed. They expertly draw out themes, issues, problems, and prospects, providing bulleted lessons and practical takeaways. This makes the book a unique one-stop resource for cross-disciplinary, cross-sectoral, and cross-professional exchanges on contemporary challenges.