Research On Legal Problems Of Present Qualification Administration System Of China

As a kind of market supervision and administration measure, qualification administration is significant from the viewpoint of economic law. First, it keeps the safety and stability of the market. Second, it protects the legal rights of the market subjects and maintains the market order. Third, it promotes the opening and development of the market. However, for the history, there is much irrationality in the present qualification administration system of China, which gives the supervisees opportunities to seek loopholes and even induces the chaos of the whole industry system. Therefore, it is of great significance to have a research on our qualification administration system and try to make some reform suggestions to improve our legal system of market economy, promoting the efficiency and level of market supervision and administration, and regulating the market order.Firstly, the author discusses the concept of"Qualification"and explains that"Qualification"is a kind of identification standard to the market subjects in our system of economic law and an important market supervision and administration measure. The author takes the qualification administration system in the construction market as an entry point to describe the present situation of qualification administration of our country and puts forward three outstanding problems of "Attachment","Trans-contracting"and"Shell Enterprise".Secondly, the author analyzes the causes of such problems and the rights and liabilities among the subjects of the qualification administration system who are the supervisors, the agencies, the supervisees and the consumers. Especially, the author proposes that the administration and restriction to the consumers be included into the administration responsibilities of the supervisors in the practice.Thirdly, the author takes Britain, America, Japan, Germany, Singapore and Hong Kong as examples to explain the modes and essence of overseas qualification administration systems, and makes a comparative analysis among the qualification administration systems in the countries of liberal economic system represented by America and Britain, in the countries of strict examination administration system represented by Japan and Singapore and in China. Combined with the present situation of our country, the author discusses the experiences probably to be drawn from other countries for reference on the three elements of subject, object and extent of supervision and administration.Finally, the author makes some suggestions to solve the problems in our qualification administration system on the basis of the analysis on the above-said three elements. In the view of the author, the problems of"Attachment","Trans-contracting"and"Shell Enterprise"can be solved through adjusting the supervision subject, differentiating the supervision object and reasonably defining examination extent. Then, the author makes the suggestion of changing the method of supervision and administration and enriching the practitioners'personal qualification administration.