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Performance bond is an important guarantee for the contract of government procurement, and pressing the contractor to execute the contract is its main purpose. Arguments about performance bond are usual occurrence in practice. What the cause of the arguments is that people have different cognition on the nature of performance bond between theories and practice. Some people consider that the nature of the performance bond is a deposit, a default penalty or a kind of fiduciary transferring guarantee and just the same as deposit. And the legal regulations have never so clearly defined the conception of performance bond that people often feel confused. For the reason, the main point of the paper is for clarifying the definition of performance bond, its legal relationship and efficiency. Look forward to giving an accurate conception of performance bond and decrease the occurrence of arguments. The research paper divided into six chapters. Chapter One: Clarify the research motives, content and research model. Chapter Two: Define the definition of performance bond, its motives and functions and patterns of delivery. Chapter Three: Analysis and contrast the differences of bid bond, differential bond, advance payment bond, warranty bond. Because the items above are not only similar to performance bond but also they have the same functions. For the sake of clarifying, I here make a comparative analysis with performance bond. Chapter Four: Compare and research on the legal relationship of performance bond to make sure what the distinction among earnest money, default penalty, fiduciary transferring guarantee and deposit is. Chapter Five: Research on the obligations and rights among the parties (such as government organizations, factories, stores or banks) of performance bond. Chapter Six: Make a conclusion of the research.
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