Research Of The Moral Hazard In The Fulfilment Of The Technical Contract

The moral hazard is the bad hazard because of the undetermined morality, so excessive moral hazard will lead to the confusion of the order of the market economy. Therefore, it is important to keep a lookout to it.The producing reasons of the moral hazard are from many ways. Such as social system, person of themselves, the environment of the law and the specific rule in the specific field. Because technical transaction has some traits that information is not symmetrical and complete, the definition of technical property is complex, and the subject of technical deal is limitedly rational. So technical transaction is incomplete contract, it cannot affirm the relation of right and obligation between subjects of contract exactly. Moreover, because moral hazard lies in the obscure place of legal sanction and the duty of breaking a treaty is hard to affirm, so one of subjects perhaps will be opportunism actions and does not want to fulfill contract validly. At this time, the legal right of another subject will be violated.Besides discussing the reasons that moral hazard produced out of the technical field, the article expound the essence of human being and social system, and point out they are the ultimate reasons that bring moral hazard. At the same time, it is impossible to defense the moral hazard thoroughly whatever human behave, moral hazard will exist. Our aims are to reduce the probability and danger degree that moral hazard produce. So from the concrete condition of our country, the article discuss how to defense and control the moral hazard in the technical contract positively, so as to make the market of technical transaction standardize and improve the probability that fulfill technical contract.It is a systematic study that defense and control moral hazard in the technical contract validly. First, we should perfect the relevant regulation in the market of technical trade and the law of technical contracts. Secondly, we shouldimprove behaviors' s moral attainment and advocate a good moral circumstance of market economy. Thirdly, we should perfect laws of market economy in our country and perfect the effecting institution. Just that, the moral hazard in the fulfilling technical contract can be controlled validly.