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国家契约是调整各国能源开发和公用设施建设的重要法律工具。但由于国家契约中国家作为主体一方出现,公权力的影响涉及国家契约很多方面,使国家之间和私人主体之间利益平衡难以实现,尤其是近年来间接征收的出现更加剧了国家契约非稳定性,从契约中寻求非稳定性的救济途径难以达到预想效果。在当今各国依然以能源开发和公用设施建设为经济发展的重要目标背景下,以平等自由理念构建国内法制度对国家契约的稳定发展应有一定意义。
The national contract is an important legal tool for adjusting the energy development and public facilities construction in various countries. However, because of the appearance of the country as the main body in the national contract, the influence of public power involves many aspects of the national contract, making it difficult to achieve a balance of interests between the state and the private subject. In particular, the indirect expropriation in recent years has exacerbated the instability of the national contract It is difficult to achieve the desired effect because of the non-stable remedies sought from the contract. Under the background that energy exploitation and utility construction are still the important goals of economic development in our country today, constructing the domestic legal system with the concept of equality and freedom should have some significance to the stable development of the national contract.