The Research Of The Legal Risk Prevention About Agential Construction In Governmental Investment

The managemental mode of governmental investment in China had always fo-llowed under the planned economic system.In many governmental projects,the go-vernment plays roles in the investor and manager of the project.Namely the gov-ernment is not only the referee,but also athelete.In other words investment,constr-uction,management,using is four in once,resuling in investment out of control,thedelaying of time,inferior quality and other problems.In2004the central governm-ent officially promulgated the<Decision on Refo rm of investmental system>.Fromthen on the system of agential construction has established,resulting in the for-mation of Xiamen,Beijing,Shanghai,Chongqing four big modes.Study on agential construction in China started lately.The starting point of studiesis once-sided,more forcusing on the risky assessment of enterprises in agentialconstruction,the risky management,financial management and investmental control.Thelegal fied of study is less,which is concentrated on risk about agential enterprises.Thefewer research concentrates on legal risk about agential construction in the view of thegovernment.The research on legal risk prevention of agential construction ingovernmental investment project is good at perfecting laws and regulations about ourgovernmental investment,which also provides academical support for the smoothyimplementation of agential construction.As a result,it will exert the advantages ofprofessional management of construction and regulates investmental behavior of thegovernment.This paper refers to a lot of academical achievement,the local managementmeasures of agential construction and the relevant provisions of the law.The paper firstintroduces the basical theory and the current situation of the development about agentialconstruction.Then article analyses that the agential construction faces risk in fiveaspects from the perspective of economic law,including lack of legal norm,lack ofsupervision about market access,lack of audit supervision,lack of the legal liabilityabout governmental investment.Based on the experience of management in foreignalproject and our reality, the article provides measures of preventing the legal risk inagential construction about governmental investment from the perspectives oflegislation,law enforcement and the actual judicatory.