Research With 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 contronl investment,schedule,quality,safety.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 five patterns,the Zhejiang pattern,Hunan paterns,Beijing pattern,Shanghai pattern,Guangdong 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 liabilityon 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:agent system definition and current status of the agent system,through the definition of scholars to compare the combination of purpose and legal characteristics of agent system, agent system proposed by the legal meaning.Chaper Two:Legal Analysis Chapter agent system through the use of administrative law and civil law on the basis of theory, the legal relationship between the agent system rationalization and analysis to pave the way for the following.Chapter three:problems of agent system, in this chapter will be combined with the author encountered in practice the problems of agent system, points out the practice in agent system development and the obstacles encountered, and some of the obstacles reflections.Chapter four:of this chapter in China Construction Agent to undertake legislative proposals discussed in Chapter agent system the problems, and propose appropriate solutions and legislative proposals, in order to allow agent system in the healthy development of our country.