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Question Of Legal Responsibility Of Construction Project Supervision Study

Posted on:2010-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:X J XiFull Text:PDF
GTID:2206360275497363Subject:Law
Abstract/Summary:PDF Full Text Request
Recently, there are some failed ideas in the project supervision field and the relative management power. Based on this, this article is mainly on the legal liability of the project supervision. It tries to clarify the components of the legal liability, the extent of the legal liability and the methods of bearing the liability.The article can be divided into four parts:In the first part, the article introduces the development of the project supervision system and the profile of the modern supervision system. After the study on the status quo of the application of the project supervision, this article indicates the problem resulted from the adoption of the foreign project supervision.Then in the following part, this article introduces the recent supervision system in china from many aspects in detail, such as the relationship between the supervisor and other subjects in the building construction, the difference between the supervision and other activities, etc.In the third part of this article, the writer mainly focuses on the liability of the project supervision. It includes three aspects, the civil liability, the administrative liability and criminal liability. In the civil liability, the article mainly analyses the components and the criterion of the supervision liability on the breach of contract and the tort.In the administrative liability, the writer analyses the components and criterion of liability of the administrative liability. In the criminal liability part, this article mainly concerns on the components of the criminal liability. Also the writer makes a comparison between some criminal regulations that the supervisor may offend. The writer concludes that there is an ever-enlarging tendency for the criminal liability, so it is necessary to investigate the problem of the limitation of prosecution for the negligence guilty.In the end of this article, the author puts forward three constructive suggestions on the improvement of legal responsibility system: first, an professional insurance policy for project supervision liability should be established, so as to strengthen the ability of risk resistance; second, reconstruct the project supervision association and other relative supervision authority in order to develop its technical and management advantage; third, build a proper extent of the legal liability of project supervision. Therefore, the perfection of the supervision system depends on the effective legal system. Our supervision system should be more integrated with the international practice in project consultation. Suitable liability system of the project supervision can enable the supervisors to take the risks involved in taking the job bravely.Conclusion and viewpoints: first, try our utmost to better the career environment and perfect the relevant legal system; second, reform the present project supervision system and supervision way; finally, make fully use of the supervision and the supervisors while avoiding the improper prosecution.
Keywords/Search Tags:supervision for project construction, legal liability, supervision system
PDF Full Text Request
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