| This article analyzes the historical origin and the implementation significance of the construction supervisory system in China as an importance accomplishment of the reform in construction industry. More than a decade's practice has proved that the establishment of construction supervisory system has displayed positive effect on controlling investment, ensuring time limit of projects and assuring quality. The supervisory system has become an indispensable key factor to promote the development of construction industry. Based on a further analysis of the practice and development course of this system, the writer pointed out the various problems still existing in the current construction supervisory system in China. Firstly, the analysis of supervision starts from conceptions related to construction supervision and tries to clarify the confusion and ambiguity of technical terms from their origins. By analyzing and comparing the present situations of supervision home and abroad and by probing into the service items and business scope of home supervisors, the articles puts forward concepts such as "construction supervision in the narrow sense", "construction supervision in the broad sense", the correlativity between the engineering construction supervision in China and consultancy industry abroad, as well as the interrelation among supervisory engineers, consultant engineers and supervisors. Analysis is also done to the relation and difference between construction supervision and project consultancy and between construction supervision and project management. In light of specific project supervision practice, the author also analyzes the difference between supervision home and abroad. Secondly, from the legal perspective, discussions are carried out on the positioning and legal status of construction supervision, the power acquisition of supervisory engineers, determination consistence of the legal status of construction supervision, construction contract between construction unit (developer) and contractor, as well as the supervision entrust contract between constructing unit and supervisory units. The article also probes into the positioning of legal status of consultant engineers by FIDIC, the status of engineers in the various versions of "Conditions for Construction Contracts" (red book) in different periods of time, as well as the change of this status. In analyzing the legal "justice" and independency" of construction supervisors in course of service, the writer probes into the understanding of "justice" principle and the regulations on the "justice" principle in construction supervision by relative laws in China. In analyzing the "independent" status of construction supervisors in course of service, the writer probes into the origin of "independence" issue and the implication of the "independence" of construction supervisors: maximally safeguarding the developers' interest, not having any interest relation with contractors, manufacturers, suppliers and any one who may influence the supervisor's independent suggestion, judgment and decision, so as not to be influenced against the developer's interest in course of service. This kind of independency stresses on being independent to one side, and does require the equal treatment of interest of all sides. On the contrary, it demands the safeguard of the interest of some side. Therefore, the significant difference from the normal meaning of "independency" in law is discussed. This "independency" does conflict with the trustor status of construction supervisor, but also complement with it. It is stressed that the construction supervisor should maintain principles of "justice" and "independency" in the course of construction supervision. Also, the discussion covers the position of "just" and "independent" supervisor as the third party between the project developer and the contractor, as well as the embarrassment and challenge of this position. Finally, it is pointed out that construction supervisor, as one of the lega... |
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