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本文通过示范合同制度的谱系考察和功能分析,通过细致的制度梳理工作,文章揭示了示范合同制度是政府通过合同进行治理的产物,具有历史语境下的合理性和制度创新色彩。其在当前语境下,仍具有满足当前社会需求的制度功能。但由于参与主体效用函数和博弈策略的变化,实际上面临着随政府合同行政管理角色弱化而逐渐消亡的可能。鉴于此,本文提出要认真分析和对待示范合同制度的制度功能,正视并推动其积极效用的发挥。
Through the pedigree and function analysis of demonstration contract system, the article combs the work through meticulous system. The article reveals that the demonstration contract system is the product of the government governance through contract. It has the historical context of rationality and system innovation. In the current context, it still has institutional functions to meet the needs of the current society. However, due to the change of the participant’s utility function and game strategy, it is actually faced with the possibility of gradually disappearing with the weakening of the role of government administration. In view of this, this article proposes that we should conscientiously analyze and treat the institutional functions of the model contract system, address and promote its positive utility.