The Professional Responsibility Of Supervision Engineer

The knowledge is being more and more professional in modern society, most people know little about the knowledge out of the special field of themselves, they used to resolve the special problems with help of the professional, therefore supervision engineer appears on this background. As expert in architecture field, supervision engineer is getting more and more attention today, the behavior of them has filtered into all aspects of architecture field. However, the development of supervision engineer in our country is so short that there still exists various confusion in theory and practice, such as whether supervision engineers should respond, respond for which responsibility or how to respond for their behavior fault. In this thesis, the author tries to analyze professional responsibility of supervision engineer from law aspect relying to the engineering-oriented practice to make people have an all-around understanding to the professional responsibility of supervision engineer, and hopes to be helpful to build the system of professional responsibility of supervision engineer in our country.This thesis consists of five chapters stating the professional responsibility of supervision engineer.Chapter One"Introduction": Firstly, introduce the construction supervision system simply, and then define the concept of professional and professional responsibility that professional responsibility should limit within civil liability category. Lastly, define professional responsibility of supervision engineer from the professional characteristics of supervision engineer, at the same time, point out outstanding differences between professional responsibility of supervision engineer and other civil liability.Chapter Two"The Property of Professional Responsibility of Supervision Engineer": Firstly, analyze the property of trust contract from aspects of'jurisprudence foundation of entrustment and surrogate'and'Chinese actual legal principles'to get the conclusion that the property is trust contract relationship but not surrogate. Then define the property of supervision engineer's responsibility to client as contract responsibility and civil liability to third party except client as tort liability by analyzing many theories and experts'third party liability theory from two law systems.Chapter Three"Law Content of Supervision Engineer's Professional Responsibility": The emphases of this chapter are fault and causation in law content of supervision engineer's professional responsibility. The fault of supervision engineer is analyzed and defined mainly from aspects of duty of care and duty of loyalty. As to establish causation of supervision engineer's professional responsibility in our country, draw the conclusion that it should take the mode of'adequate causation'of civil law system combined with'rule of predictability'of common law system.Chapter Four"Assumption to Professional Responsibility of Supervision Engineer": Discuss the assumption to supervision engineer's professional responsibility roundly from aspects of liability entity, main manners of assumption, range of assumption and defence of supervision engineer's professional responsibility starting from practice characters of supervision engineer.Chapter Five"Professional Responsibility Insurance System of Supervision Engineer": Inevitably, various misfeasance may appear during supervision engineer's practice and damnify other's interest. In order to make construction supervision industry develop healthily and ensure victim's timely redress, the responsibility of supervision engineer need be participated by society. In this chapter, the author tables a proposal to perfect professional responsibility insurance of supervision engineer in China by analyzing practice in foreign countries and considering the status in China of professional responsibility insurance.