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A technical consulting contract has the following characteristics:
1. The technical consulting contract has its own specific adjustment object in the technical field, that is, the civil legal relationship generated by the parties to the contract in the feasibility demonstration of a certain technical project, technical research, special technical investigation, analysis and evaluation report and other scientific research activities.
2. The purpose of performing the technical consulting contract is to put forward suggestions, opinions and plans for the entrusting party to carry out scientific research, technology development, achievement promotion, technological transformation, engineering construction, science and technology management and other projects, so as to provide reference for the entrusting party in decision-making, so that the decision-making and selection of using science and technology are truly based on science.
3. The technical consulting contract has its special principle of risk liability, that is, the entrusted party shall not be liable for compensation for the risk loss caused by the implementation of the consulting report, unless otherwise agreed in the contract.
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First, the specificity of the composition of the subject. One of the parties to the contract, i.e., the trustee, is a specialized institution or specialized person with specific technical knowledge and experience, who can give answers to consulting questions, make suggestions, and come up with solutions. Second, the comprehensiveness of the subject content.
The technical consulting contract is different from the technical service contract, and the subject matter of the technical service contract is mainly to solve specific technical problems. The subject matter of the technical consulting contract is the scientific and technological consulting topic. Third, the decision-making reference of the results.
The consulting report or opinion provided by the trustee is the basis and reference for the client's decision-making.
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Q: Briefly describe the characteristics of a technical consulting contract.
Proofreading Answer:The technical consulting contract has the following characteristics:
1) The technical consulting contract has its own specific adjustment object in the technical field, that is, the parties to the contract are civil legal relations arising from soft scientific research activities such as feasibility demonstration, technical **, and special technical investigation of certain technical projects.
2) The purpose of performing the technical consulting contract is to provide suggestions, opinions and plans for the entrusting party to carry out scientific research, technology development, achievement promotion, technological transformation, construction of the rough source process, science and technology management and other projects, for the reference of the entrusting party in the decision-making of the spike. In this way, the decision-making and selection of science and technology will be truly based on democracy and science.
Therefore, the result of the performance of the technical consulting contract is not some immediate scientific and technological achievements, but a consulting report for the client to choose.
3) The technical consulting contract has its own special principle of risk liability, that is, the trustee can be exempted from liability for the risk loss caused by the implementation of the consulting report, unless otherwise agreed in the contract. This special principle of assumption of risk and liability is not found in technology development contracts, technology transfer contracts, and technology service contracts.
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Guangdong's results can be checked, and I have passed all two subjects, 90 points in "Administrative Law" and 73 points in "Introduction to Economic Law (Finance and Economics)".
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Types of technical consulting contracts: 1. Economic and technical feasibility demonstration contracts for major engineering construction projects; 2. Establish economic, technical and legal feasibility analysis contracts for Sino-foreign joint ventures, Sino-foreign cooperative enterprises or various domestic economic complexes; 3. Demonstration contract of enterprise technical transformation plan, program and planning; 4. Entrusted evaluation and appraisal contracts for new technologies and new products.
Legal basis: Article 887 of the Civil Code of the People's Republic of China The first paragraph of the technical consulting contract includes: 1. Feasibility demonstration refers to an applicable scientific method for analyzing, calculating and evaluating the feasibility, advancement and economic benefits of a specific technical project to determine whether the project is feasible, successful and how to achieve maximum economic benefits.
2. Technology refers to the development trend of consulting technology projects. 3. Thematic technical investigation refers to the examination and collection of special materials and data in a variety of ways according to the technical requirements of consulting technical projects. 4. Analysis and evaluation report, which refers to the comprehensive analysis and evaluation of the benefits and negative factors brought by the consulting technology project to the society.
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Legal Analysis: Types of Technical Consulting: 1. Economic and Technical Feasibility Demonstration Contract for Major Engineering Construction Projects; 2. Establish economic, technical and legal feasibility analysis contracts for Sino-foreign joint ventures, Sino-foreign cooperative enterprises or various domestic economic complexes; 3. Demonstration contract of enterprise technical transformation plan, program and planning; 4. Entrusted evaluation and appraisal contracts for new technologies and new products.
Legal basis: Article 887 of the Civil Code of the People's Republic of China The first paragraph of the technical consulting contract includes: 1. Feasibility demonstration refers to an applicable scientific method for analyzing, calculating and evaluating the feasibility, advancement and economic benefits of a specific technical project to determine whether the project is feasible, successful and how to achieve maximum economic benefits.
2. Technology refers to the development trend of consulting technology projects. 3. Special technical investigation refers to the examination and collection of special materials and data in a variety of ways according to the technical requirements of consulting technology projects. 4. The analysis and evaluation report refers to the comprehensive analysis and evaluation of the benefits and negative factors brought by the consulting technology project to the society.
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Legal analysis: 1. Technical service contracts for the provision of physical and chemical technical work results: This type of service contract, the subject matter is manifested as a certain physical and chemical technical work results, mainly involving product design, process programming, equipment transformation, computer program design, performance appraisal of complex products and materials, and other scientific research, technology development, technology transfer, industrial testing and production activities to complete specific technical work contracts.
2. Contracts for the imparting and transmission of scientific and technological knowledge and information: This type of contract mainly involves technical training and technical intermediary contracts. The technical training contract is a contract signed by the entrusting party to require the entrusted party to provide technical guidance and professional training for specific projects for its designated professional and technical personnel; A technical intermediary contract refers to a contract signed with an intermediary in which the client entrusts the intermediary party to contact a third party and hopes to conclude a technical service contract with the third party through the efforts of the intermediary.
Legal basis: Civil Code of the People's Republic of China
Article 878: A technical consulting contract is a contract concluded by one of the parties to provide the other party with feasibility demonstration, technical expertise, special technical investigation, analysis and evaluation report, etc., for a specific technical project with technical knowledge. A technical service contract is a contract concluded by one of the parties to solve a specific technical problem for the other party with technical knowledge, excluding contract and construction contract.
Article 882: The client of a technical service contract shall provide working conditions as agreed, complete the cooperation matters, accept the work results and pay remuneration.
Article 883: The trustee of a technical service contract shall complete the service project as agreed, solve technical problems, ensure the quality of work, and impart knowledge on solving technical problems.
Article 884 If the client of a technical service contract fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, affecting the progress and quality of the work, and does not accept or overdue the acceptance of the work results, the remuneration paid shall not be recovered, and the unpaid remuneration shall be paid. If the trustee of the technical service contract fails to complete the service work as agreed, it shall bear the liability for breach of contract such as exemption from remuneration.
Article 885: In the course of performing a technical consulting contract or technical service contract, the new technical achievements completed by the trustee using the technical materials and working conditions provided by the client belong to the trustee. The new technical achievements completed by the client using the work results of the trustee belong to the client. Where the parties agree otherwise, follow their agreement.
Article 808 Late lease 16: Where there is no agreement on the burden of expenses required for the normal work of the trustee in the technical consulting contract and technical service contract, or the agreement is not clear, the trustee shall bear the burden.
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