Responsibility For Construction Supervision Of China's Legal Analysis

Construction Supervision is one steps the multi-disciplinary, multi-field skill-intensive intelligent trade, is an important area of our country's construction system. The author in the text of the construction supervision of major liability and non-legal liability issues such as legal analysis, and propose feasible suggestions.The first part of "Construction Supervision and Construction Supervision of the outlined responsibilities." First to introduce the basic knowledge to start construction supervision, what is clear the construction supervision and construction supervision responsibilities, in order to pave the way described below and analyzed. Then explain the responsibility of the construction supervision mechanism, that is bound by acts of supervision from the system, followed by an analysis of the composition of the Commissioner be bound by binding factor system and its level. In front of the basis of the analysis, pointing out that the Commissioner acts in accordance with the construction of a departure from the constraints of the different factors can be responsible for construction supervision and legal responsibility is divided into non-legal responsibility.The second part of "construction supervision of non-legal responsibility." Strictly speaking, construction supervision of non-legal professional liability is not the scope of the study, but their view of the present study less, at the same time to solve the practical problems of supervision has some reference value, especially a separate chapter of this article can also be regarded as an innovative point.First of all, why is it necessary to address the construction supervision of non-legal responsibility for actions: If the honesty and credit, public order and good customs and trade practices do not occur on the role of supervising engineers, then the binding factor on all submerged in the swamp of disorder, the behavior of the intensity of restraint system will go a long way weakened, it is difficult to guarantee the construction supervision of the normal execution of the contract. Then from the four aspects of the construction supervision of non-legal responsibility (moral responsibility) and legal responsibility to carry out analysis and comparison, and further dissection of the two boundaries. For a departure from common practice and moral factors, such as non-legal constraints, and the law could do nothing about the situation, I believe that can be given or trade associations to strengthen the construction supervision of the supervision activities of the function of non-legal punishment in order to reduce the departure from the non-legal responsibility constraints arising from the loss factor.The third part of "the liability of construction supervision." This section is the focus of this article. In this section, I mainly use the legal relationship, rights and obligations, liabilities and other basic legal theory, to construction supervision of the legal issues involved in construction supervision in particular, the legal responsibility to conduct in-depth analysis and discussion.First, analysis of the construction supervision of the legal relations between the main body. Straighten out the construction supervision of the legal relationship between the main analysis of construction supervision is a prerequisite for liability, so the first of the legal relations between the main sort out. Then pointed out that the three main units in particular, supervision should be in strict accordance with the provisions of the law and contract supervision to engage in acts of agreement, and breach of statutory obligations or supervision beyond the statutory right of supervision of conduct, he ought to bear the legal responsibility of supervision.Second, detailed and in-depth analysis of the construction supervision of the three forms of liability: construction supervision of civil liability, criminal and administrative responsibility. Through analysis of existing construction supervision of the relevant provisions of laws and regulations, pointing out that the executive should take responsibility for construction supervision, the specific circumstances of criminal or civil liability. In analyzing the construction supervision of civil liability, the first breach of the construction supervision of both the responsibility and liability for infringement of comparison, the focus on the analysis of the liability for breach of contract. Construction Management-depth study of the elements of liability for breach of contract and the principle of attribution, that the responsibility for construction supervision of non-application of the principle of fault liability. The subsequent acts of the Commissioner to conduct a brief description of the fault that the fault of the supervision engineer is to distinguish between the form of very necessary and meaningful for the end of this article introduced to pave the way professional liability insurance supervision. Construction Supervision in the analysis of criminal liability, construction supervision, I believe that the application of criminal charges of works of major accidents, crimes and the crime of major security incidents engineering units directly responsible for crime and that officers investigate the issue. For construction supervision of the administrative responsibility of the author focuses on the administrative responsibility of the construction supervision of the legislative proposals.The third is to undertake construction supervision of civil liability, a brief introduction in China is still in the initial stage of construction supervision of professional liability insurance. Analysis pointed out that the construction supervision through professional liability insurance to address the responsibility of Construction Supervision of the implementation of civil liability in particular difficulty.