| Because China is short of the system of engineering guarantee, there have been more and more problems in the construction that bad old practices die hard. This is such task for us to urgently resolve that through using the experience of other countries for reference, we must establish the system as soon as possible, which is only keeping with the socialist economic market but also adapts the system of the Chinese characters.Wang guan xi, the Minister of Construction, points out:"we must manage various conducts through the measures of the market, augment some responsible restriction, actively push on the managing mechanism of construction risk". We shall gradually popularize a system of guarantees in submitting engineering tender, build a guarantee system of performing contracts and a system of payment and repair guarantee made by employers, cover the insurance of an unexpected injury for the staff and workers in the constructive enterprises, reconnoiter designs, supervise some construction works and a insurance system of occupational duty for other organizations of some engineering consultation. We shall push a guarantee system of payment to constructive funds made by owners while we push the system of guarantee for engineering construction and a guarantee system of performing contracts. The enterprises shall be encouraged to claim the payments behind through legal means so that they may safeguard their legitimate rights and interests and especially the workers from the countryside. We should safeguard the social stabilization, strengthen the building of trustworthiness system among the constructive field, establish credit supervision and punishing institution for having broken their promises, be perfecting the supervisory system in the constructive market and supervise better the main body in the market, particularly the owners.It is an inexorable trend countering this tendency that we consider that the system of engineering guarantee is pushed and the building of trustworthiness system is established in the constructive field as further deepening reform in China. Therefore, it is an important immediate significance that we will establish the system of engineering guarantee and push it in an all-round way in the constructive projects. It is one of the requirements in the international trade market of construction works as an effective way of transferable risks, even in most cases, contractors have to provide various guarantee letters asked by the owners, otherwise they will hardly get the contracts. The building enterprises in China have deeply realized them, this institution has not been utilized extensively in China. The guarantees of engineering occurred in 1980s, which was introduced into China as international practice when the world bank loaned its funds to China and after that it was used in some foreigners'ventures and join ventures. In recent years, it was used into some larger and key project during the development of economic market in China and the governments made a series of attempts during pushing it.One fundamental principle in the economic market is a must firstly to establish"recreational regulation", a set of regulations be worked out so that the competition will have something to go by and secure. However,it requires that both parties, who signed the contract, have to held some responsible for civil economic losses with their property during performing it, in this way, an equal responsibility be established for them when they sign the contract in order to secure regularly performing it and smoothly completing the construction work.Therefore,it is a task of top priority that we should establish a risk and administrative system of regulation based on the credit mechanism in the building industry, ensure the construction work under the rules of guarantee, and resolve the long-standing drawback during operating its mechanism in the constructive field. How do we push the guarantee system of engineering assurance on earth at the current conditions in China? What is the basic theory for the policy? It is wide-ranging utilized for the guarantee system of engineering assurance as a credit tool in the contracting projects of engineering building in the United States and other advanced countries, Which effectively avoids the risk of contracts'credit for both parties in the projects, secures the performance of the contracts signed and brings lot of positive functions and regulative efficacies into the building field. The Chinese building industry has joined international competition and more and more investors from other countries have entered China and the thought of the guarantee system of engineering assurance has been spread in China since The Chinese building industry acceded to the World Trade Organization. The World Bank and Asian Bank compelled he guarantee system of engineering assurance as international practice to their investing projects in China, some pilot projects were carried out among all of the country, which has played an example role and pushed an action for the use of the guarantee system of engineering assurance in the Chinese building industry. Now more and more persons with breadth of vision have approved that we should solve the unhealthy problems in performing the contracts in the building industry and most of them have gradually developed the practice of the guarantee system of engineering assurance.The article makes the studies of the regulation of the guarantee system of international engineering, basic analysis and approaches the subject on the guarantee system of engineering assurance in the running mechanism from the role of its mechanism and combing with its national conditions and analyses different patterns of the guarantee system of the international engineering assurance through its investigation. The guarantee system of engineering assurance mainly should adopt the ensuring way as current practice according the laws and building characters in China, which means that guarantors and creditors agree that the guarantors have to fulfil the payment or promises when the creditors fail to perform the payment, according their contract signed. The government should push forward and taken shape in the special market of competitive mechanism for guarantors through its legislation as guard of public benefits and upholder of fair trade and competition. It is the key that we should cultivate the special organizations fully qualified very well as guarantors, besides the banks should play fully role. The article learns the experiences from other countries, combines with its national conditions, insists in combination the development with safeguarding risks, in the government's propulsive force with the industry's discipline, in policy's guide combination with the market operation, in cultivated market combination with helping excellent and limiting inferior. We should fully play the mechanism of market's role, bring every positive factor into play in combination the establishment of credit regulation, and push very well the guarantee system of engineering assurance. We should introduce the guarantee system of engineering assurance, increase the responsible main bodies to perform the contracts, institute different guarantees according to each enterprise's actual strength and prestige, punish the enterprises who have broken the contracts and credit very seriously in order to help their actions more standard and transparent, transform the supervise methods in the building market in order to advance to remain superior and eliminate inferior and push the administration of commercial bribery in the building field.The article describes the origin of the system of engineering guarantees, its necessity of implementation, its types, its methods and its analysis of cost and benefits. It also dissect profoundly the restricted cause and expression of its implementation in China, and finally puts forward the frame conception for the system of engineering guarantees in China and further defines that the government should extend the deeds during pushing it.First. Essentially amplify the legality. The market economy is a legal economy in a certain sense so that it is necessary that the laws will norm and safeguard the effective motion of the market economy. In recent years, we have built the basic frame of laws for the construction industry, but it has not yet been shaped an integrated system of"Game Regulation". It is the first that we must implement the compulsory content for the guarantees of engineering and regularize it in the legal form; It is the second that the amendments of"The Law of Guarantee"and so on should suit the needs of the development of market economy; It is the third that one law should link up, coordinate and form a complete set with another. After all, only when the laws form the setup, but also they will be imbued with deterrent force Secondly, Essentially acerbate to bring forth new ideas with the system and regulation. Because of vast in territory and uneven development in different district, the method of the guarantees must be defined from the actual national conditions and is not suitable all of the country. We may adopt any method, such as letter of guarantee from the banks and written pledges from the guaranteeing companies which wish to provide the guarantees for the engineering. Therefore, the earnest money shall be made up for small projects as additional method, since which is simply run and has been running very well for a long time in China.The system of engineering guarantees is both introduced as international practice for us, and it must be brought into new ideas according to our national conditions. We should let anyone, who will obtain the benefits and even easily get the guarantor, have kept his promise .We should enable anyone, who will be punished seriously, be unable to obtain the guarantor and lose his qualification of competition according to the law, have gone back on his word. We should cause it one ripe institution suitable to the development of our national construction market.Thirdly. Essentially take some assured measures during implementing the compulsory content. We should consider when we formulate the detailed rules and regulations:"whether or not it will be resisted by the contractors at the implementation."Because when we take the method, letter of guarantees from the banks, it will increase the cost; while we take the method, earnest money, it will take up the circulating fund of the contractors. All this will become financial burden for large enterprise, but could hardly be accepted by small ones. It may not be put into effect because the contractors'combined resistance, if the government has not required the implementation by compulsory means. Therefore, it is the prerequisite that we will implement the system of engineering guarantees with the strong and assured measures, when it has not become the market practice. Therefore, it is necessary that departments responsible for the construction at all levels should shoulder the duty, clear the aim, work harder, and enthusiastically push the system of engineering guarantees safe.In addition, this article describes some norm action at the guarantees of engineering, quickening the building of credit system, enhancing the working disciplines, conducting propaganda and so on. We should further study the types and patterns of the guarantees of engineering, sum up the practical experiences in time, design the workable method of guarantees, spread the effective method of guarantees of engineering and accelerate the healthy development of the system of engineering guarantees. |
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