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政府和石油公司之间的法律和商业关系主要取决于石油协议或合同的法律框架。目前世界各国普遍采用的现代石油合同可分为5种:现代租让协议、联合经营合同、产量分成协议、服务合同和混合型合同。90年代以来世界性的石油工业改革使石油合同条款更趋合理,同时各产油国鼓励投资的措施增加、力度加大,政治和地质方面的投资风险比前几年大大降低。近期与现代石油合同有关的变化,主要有:(1)合同的可协商性增强;(2)各产油国对石油工业进行了多种形式的改革;(3)鼓励投资已成为资源国制定石油政策、法律和签订石油合同的主要着眼点。石油法和合同也发生了以下一些变化:签字定金数量减少或被取消;政府参与比例降低;政府收入比例降低;成本回收比例提高;允许超额回收投资;资本投资可直接计入当年成本;允许加速折旧;实行资源折耗宽让;免收矿区使用费。
The legal and commercial relations between the government and the oil companies depend mainly on the legal framework of the oil agreement or contract. At present, modern petroleum contracts commonly used in various countries in the world can be divided into five types: modern leasehold agreements, joint operation contracts, production sharing agreements, service contracts and hybrid contracts. Since the 1990s, the worldwide reform of the oil industry has made the terms of oil contracts more reasonable. At the same time, measures to encourage investment by oil-producing countries have been intensified and the investment risks in politics and geology have been greatly reduced compared with previous years. Recent changes related to modern oil contracts are: (1) the negotiability of contracts is enhanced; (2) various oil-producing countries have carried out various forms of reform of the oil industry; (3) encouragement of investment has become a Oil policy, law and the main point of signing oil contracts. Some changes have taken place in the oil law and in the contracts as well: the number of signatories is reduced or eliminated; the proportion of government participation is reduced; the proportion of government revenue is reduced; the proportion of cost recovery is increased; investments are allowed to be over-recaptured; capital investment is directly charged to current costs; Depreciation; wide implementation of resource depletion; free mining fee.