A Study On The Industry-University-Institute Agreement Of Colleges And Universities In China

Industry-university collaboration agreement is signed by company and university during the period of their cooperation, in order to grant the duty. The contract is the key to the co-operative, a perfect production contract could regulate the behavior of cooperation of both sides, and protect the rights of the parties. Now, industry-university-institute cooperation has become the main trend of the world, it plays an irreplaceable role in promoting the progress of national technology and economic. However, the process of production- university- institute cooperation often happens all sorts behaviors of breaching the contract and tort, which embodies the loopholes and defects of our industry-university-institute agreement—— our laws and regulations can not adapt to the new situation, and we have no perfect and practical industry-university agreement. Currently, the industry-university agreement of our county has a variety of problems, doesn't have effect of regulating cooperation action, and can't deal with the disputes during the period of their cooperation, therefore, the study of how to build a relatively perfect production contract, has important theoretical and realistic significances.This article contracts for domestic and overseas relevant theory by literature method and comparison method, on the basis of the investigation and summary, in order to study the problems of production contract more effectively, firstly, this article generalizes the related theories of the contract, analysis the necessity of production contract by the transaction cost theory, game theory, contract theory, defines the relevant concepts of production contract, analyzes the contents, forms and procedures of cooperative agreement; Secondly, this paper discusses the development of contract in our country and the main problems of the present cooperation agreement; Thirdly, this article analyzes the terms of American industry-university-institute contract, which is being used as a model program for our country; Finally, depending on China's national conditions,this paper puts forward related suggestions about how to promote the production contract performed smoothly.The innovation points of this article are three parts: firstly, this paper clarifies the importance of contract for the cooperation of enterprise and colleges, analysis the behaviors of colleges and enterprises from the level of industry-university-institute cooperation contract, which makes the research more refinement; Secondly, based on the perspective of contract, the article analyses the industry university institute cooperation deeply by synthetically use the knowledge of pedagogy, economics and jurisprudence; Finally, the paper designs a perfect production contract by referencing to the production contract of America and combining with Chinese conditions, which could provide reference for domestic contracting industryuniversity-institute agreements in the future.