Construction Project Quality Defects Damages System

One of the most famous slogans of building industry is "quality first in the matter of vital and lasting importance ". At the same time, building quality is a hot social point today. Though the level of the building quality have been improved greatly in recent years in our country, there is also a lot of trouble in this area. As a result of the inferior quality, many houses and bridges collapsed and many roads sank, which cause many people injured or dead in the accident. Thus, it is a great threaten to people's life and property. To deal with this kind of case, the concerned unit and person should not only bear administrative responsibility and criminal liability but also make economic compensation to victims. In this article, the writer would like to make a primitive research for the responsibility for damage caused by the interior quality building.There are more than forty thousand characters in this article and consists of five parts.The first part is the analysis of concepts. In this part, the writer analysis the concepts of building project and building project quality. It also introduced the concept and goal of legislation of compensation for damage. This part explained the main ami of compensation is to recover the civil rights and interests that had been torted. Its main function is to relief rights and make a compensation for losses. At the same time, this part explained why the product liability law couldn't apply to the building project in view of its unique feature . Besides, this part defined the legal character of compensation for damage caused by quality, that is the responsibility of civil tort or civil violate contract and liability for compensation for government tort.The second part is the doctrine of liability fixation and the constitution of responsibility. The doctrine consists of responsibility. The doctrine consists of three parts, that is the doctrine of liability for wrongs when one formed civil tort liability. When one broke a contract, we should apply to the doctrine of strict liability. But we will adopt the doctrine of malsance when one form government tort responsibility.The constitution of responsibility is made up of four parts: the first is there isdefect in a building, the second is there is damage facts had been occurred, the third is there is relation of cause and effect between the two parts above.finally, the persons and units of liability, who are the owner or manager, builder, seller of a building and administrative instituted. This part is the main part of the article.The third part is how the victims to enforce their rights. When there is a contract between the victim and the contractor, victim can choose the appeal of covenant. When the victim is the third person who haven't a contract with the contractor, he can only appeal of tort. Compensation for loss should apply to the principle of in full settlement except punitive principle.The fourth part is the exceptional causes and plea causes, which the owner and producer of the project can put forward when they are accused so that they can decrease or free from the responsibility. These causes include: unpreventable force. Accident, the third one's action, the mistake of victim and the building surpass the reasonable using period or guarantied period.The fifth part is the weakness of our current legal system related to construction and how to improve it, firstly, the writer light the weakness in some aspect, then in the light of foreign experience, put forward a conceive.