A Study On The Legal Problems Of The Construction Permit System

In recent years,with the rapid development of Chinese economy,the construction industry was booming.The number of projects,investment scale,practitioners have reached a record high.But,the increasing disciplinary violations,the confusion of competition market and other negative phenomenon have bring the shortcomings of our country's construction industry qualification administrative licensing system into light.Our administrative license system of construction qualification has been adjusted for five times,but there are still some problems to be solved,such as the lack of transparency of policy and information about qualification,the complexity of declare materials,the harsh additional examination conditions,the low efficiency of administrative license,the abuse of discretion,the failure of monitoring mechanism,the enterprise cheating behavior and other serious problems.The reasons of these problems were analyzed from both legislative and law enforcement levels,including the faultiness of legislation of the construction industry qualification,the mismatch between contents of the pre-examination and the actual needs,the singleness of administrative licensing mode,the opacity of administrative licensing procedure,the low level of administrative license enforcement,the laxity of supervision system and so on.At the same time,the advanced concepts and experience of the qualification system of construction industry qualification in developed countries gave us a lot enlightenment.The legal conception of the reform of construction qualification administrative licensing system we reput forward combined with our country's actual national conditions,Firstly,the existing legislative system of the administrative qualification system of construction industry can be perfected from the several aspects,such as the relevant laws and regulations,the implementation mechanism,the contents of administrative license examination,the scope of administrative license,the procedure of administrative licensing,the dynamic verification system after administrative license supervision,and so on.Then,the administrative licensing system of taking individual qualification as the principal part of qualification system should be established gradually,and the thought of reforming the future qualification of the construction industry administrative licensing system also should be definite.Thirdly,the enforcement level of construction administrative licensing system should be improved exactly through the construction of law enforcement team,improvement of the content of law enforcement after the event,strengthening supervision of the joint law enforcement and administrative licensing law enforcement responsibility system,simplifying the process,and strengthening the supervision system of law enforcement.Fourthly,it is necessary to perfect the relevant supporting system of the administrative license of the construction industry qualification,including the construction enterprise credit evaluation system,the public hearing and avoidance system,the legal relief system.It will provide our country an important theoretical basis for the gradualism provement of construction industry qualification administrative licensing system,the development pattern of construction market and competition order.