The Study On The Legal Nature Of The Letter Of Acceptance

According to the stipulation of contract law and the general theory of contract law in China,the foundation of contract is agreement,that is,both parties have the same expression of will.However,through the review of judicial judgment and problems encountered in practice,it is found that there are conflicts and disputes between the theory and practice on the judgment criteria for the establishment of bidding contracts.Due to the complicated transaction procedure and mode of bidding contract,the judgment of the contract establishment has become a difficult problem in the academic and judicial circles.As an important legal document in the process of tendering and bidding,the "letter of acceptance" has a direct impact on the vital interests and responsibilities of the contract signing subjects.Therefore,the signature dispute of the tendering and bidding contract is whether the "letter of acceptance" can be used as the standard for the establishment of the contract.Domestic legal experts,scholars are highly concerned about the problem of bidding contract but unfortunately,at present our country did not have much academic monographs,although there are a lot of academic papers in this field,but more of a focus on a particular point of view,but it is almost on the study of bidding contract more focus on the "government procurement law" and "tendering",scholars rarely perspective to look at the point of view of "contract law" to study the whole process of bidding contract holds water,especially the legal nature of "letter of acceptance" as well as to the meaning of the bidding contract.Research of this paper is intended to solve these problems,proposed by combing the referee view,law contrast,academic research,summarizes the conflict focus,focuses on discussing the current academic circles for "letter of acceptance" of law and a few views of nature,through the comparison and theoretical research,legal provisions summarize conflict focus,unified conclusion,and explains their opinions in various academic views.By combining legal provisions and theories of contract law,this paper provides theoretical and legal reference for civil judicial adjudication to better handle bidding contract disputes.It provides guidance for market subjects to better understand the rules for the establishment of tendering and bidding contracts and properly handle the conclusion of tendering and bidding contracts.In specific inquiry,mainly from three aspects: the first part is problem is put forward,through the peak construction engineering company scientific research quality with green pharmaceutical company building construction contract dispute case,this paper puts forward for bidding contract following the application of "contract law" and "letter of acceptance" whether can determine the legal nature of the contract.The second part studies the effectiveness of the most controversial "letter of acceptance" in the tendering and bidding process,and describes the current status of theoretical disputes over the letter of acceptance in the legal and practical circles.The third party research in the face of the legal nature of the bid-winning notice,from the current academic circles for "effect of three kinds of the bid-winning notice" has carried on the system,and expounds the I explain the bid-winning notice effective legal position,think "letter of acceptance" promised that difference said referring to the tender documents,reservation can well explain the nature of the "letter of acceptance",it is recommended that perfect "appointment contract says," refer to booking the legal interpretation of the contract.