Legal Issues Of Agent Construction System

Agent Construction System is a concrete system developed during the governmental investing system reformation. The major purpose for Agent Construction System is, in governmental investing non-operating construction project, to introduce the market entity to be the construction agent to undertake the civil liability by contracts on the controlling objectives of investment, schedule, quality, safety and environment. Replacing administrative management by the management from construction agent in the governmental investing projects can conquer the shortcoming of redundant of management organization, low specialization, corruption, exceeding budgetary estimate, exceeding time limit. Agent Construction System starts to be experimented at the beginning of this century all over the country, whereas the detail practice differs, good effect receives. During the experiment, it grows up four patterns, the Xiamen pattern, Beijing pattern, Shanghai pattern, Shenzhen pattern, each of which has its own advantages.From the commencement of agent construction system reformation, the theoretical research focused on the project management aspects, and many research products were published. However, systematical and specific research on the legal issues of agent construction system is uncommon. Because of lacking such legal research, the issues of right and liability on agent construction system were not clarified, which hinders the further advance of reformation. Therefore, this essay is to survey and analyze the agent construction system from legal definition, pattern analysis, legal relation, contract composition, legal application, etc.This essay consists of seven chapters, consists:Chapter One, the birth and development of agent construction system. It depicts the basic knowledge of project management, like the mode of worldwide project management, Chinese traditional governmental investing project management pattern. The purpose of this chapter is to introduction the background of the birth of agent construction system and the necessity of application of agent construction system in governmental investing project. In order to introduction agent construction system, this chapter emphasizes on the reason agent construction system is mainly applied on governmental investing non-operating project.Chapter Two, the legal meaning of agent construction system. By comparing the definition of agent construction system from different scholars and combining the purpose and legal characteristic, I bring forward the legal meaning of agent construction system.Chapter Three, the operating pattern and legal characteristic of agent construction system. I introduce the different operating pattern of agent construction system in Xiamen, Beijing, Shanghai and Shenzhen, and analyze the legal characteristic of respective pattern from respective regulation on agent construction system. This chapter is to fully prepare the dissertation of legal relation and application of agent construction system.Chapter Four, legal relation of agent construction system. According to the civil legal relation theory, I dissertate the subject, content and object of the agent construction system. Because agent construction system is one part of the governmental investing system reformation, which contacts closely with the regulation and application of administrative law, this chapter involves relevant administrative law.Chapter Five, legal analysis on agent construction contract. Although named as analysis on contract, this chapter is still the extension of legal relation dissertation, which dissertates the nature of legal relation of agent construction system, namely the nature of agent construction contract.Chapter Six, legal application and practice focus of agent construction system. I dissertate the difficulty arising from the agent construction system and the legal solution. The reformation of agent construction system is still in the exploration, many problems can not find definite answer from existing law. But in the way to maturity, agent construction system still need to rely on the existing law to distinguish the right, designate obligations and define liabilities. This chapter is to dissertate the foresaid questions.Chapter Seven, insufficiency and legislation suggestion on agent construction system. As the legal relation and application of agent construction system are dissertated hereinbefore and relevant solutions are set simultaneously, no repetition is needed in this chapter. I macroscopically demonstrate the deficiency of agent construction system and bring forward several suggestions on its development direction.