工程中标通知书法律性质的法经济学分析

Analysis of the Legal Nature of Project’s Bid-winning Notice from Perspective of Legal Economics

运用法经济解释方法,将中标通知书的法律性质理解为能产生合同生效的承诺,将责任理解为违约责任,符合《合同法》立法初衷和立法精神。工程中标通知书发出后,招标人悔标并拒绝签订合同,不是承担缔约过失责任,而是要承担违约责任。

Applying the method of legal economics,this paper interprets the legal nature of project’s bid-winning notice as acceptance to enter into a contract and the liabilities as the liabilities for breach of contract,which conforms to the legislative purpose and spirit of the Contract Law.Where the tenderer repents and refuses to enter into a contract after a project’s bid-winning notice is issued to the winning bidder,he or she shall bear legal liabilities for breach of contract,rather than liabilities for wrongs in establishment of a contract.