| Recent years, construction are highly developed in China, but no effective system of risk transfer restrict actions of owners and constructors to elude risks so that a good many problems come forth, such as bad quality and non-Payment, etc. These have the close relation with the bad fulfillment of package contract.Construction bonds is an important credit instrument to guarantee the performance of a construction contract, Simultaneously is also an effective measure to manage the project contract, which has been successful practicing for one hundred years. The essential of construction bonds inducts a new bodies in construction field, which compose a body which has three parts with owners and contractors, thereby it can take full advantage of basic running pattern of market economy and found mechanism of market credit and benefit restriction among them in order to canonically manage the build market. That is through the construction bonds, in breaks a contract by the guarantor, when defeat, debt, creditor's rights and interests obtain the safe guard. In the West industrialized countries, a set of organization systems operation systems for construction bonds have already been set up. In our country, along with economical development and foreign capital swarming into, the exploration and the practice of construction bond have also been started. Therefore the research on it has importantly academic and realistic meaning and broad prospects of application.The research of the paper mainly includes the following three aspects: Firstly, to start with the construction bonding system's historical origin, this paper has showed the concept of the construction bonding system, the legal attribute, and introduced the construction bonding system's pattern and its variety. Secondly, on the basis of holding the construction bonding system's connotation, the overseas construction bonding system's implementation situation has elaborated, and the enlightenment from overseas construction bonding system has been obtained. Thirdly, based on detailedly analyzing construction bonding system's implementation situation and the legislative present situation in our country, combined with the practice of construction bonds, the author has discussed the existing legal matter of the domestic construction bonding system in emphases. Finally, some legislation suggestions which to establish and consummate the domestic construction bonding system have been proposed. First, either revises the present correlated laws and regulations, or legislates specially to the construction bonding system, so as to promote the law status of the construction bonding system. Second, definitudes the definition and the scope of the construction project in legislation. Third, in our country, the high penalty conditional bonds models of construction bonding system will be the mains instead of the low penalty unconditional bonds models many years later. Fourth, the author suggests that in our country not only carrying out tender guarantee, the contractor honors an agreement to guarantee, the owner project funds payment guarantee, the contractor pays money guarantees outside 4 guarantee varieties in force, but should also combine with our country actual situation, the addition project quality maintenance gold guarantee, the preinstall funds guarantee 2 guarantee varieties and so on. The six legislation suggestions are the paper's innovation spots.The research results, to carry out the implementation of construction bonding system in our country, and to carry on the construction bonding legislation, and to regulate construction bonding behavior, can provide some useful references. |
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