Study On The Legal Location Of The Technical Standards Of Construction Engineering

Construction project need large investment and a long constructionperiod as well as close relationship for the safety of people’s lives andproperty, Characteristics such as piece of construction,Irreversibleprocess,Regional differences, which determines the technical standards forconstruction is strongly professional,strong localization and rest uponpractical experience to a great extent and need a lot of discretionary space,asthe contrary unification for the standardization and the differentiation, Thelocation for the technical standards of construction project has beencontinually stressed between the two Concepts of unification and difference;As one kind of the government regulation,The technical standardsmajor acts the technology of prevention project risk,The administrativeinstitutions instinctive tendency to enforce standards.But during thepractice,The engineer not only tendency to prevail the local standardswhich greatly differ the nation standards,but also tendency to contractrequirement or construction target as the working basis; only in the case that the contract make an appointment to be applicable one technical standard,Otherwise the engineer can around the customer requirements to be freelychoose the technical protocols and take responsibility for this action when hedo this things in the compulsory requirement framework of the law regulationsafety、quality and so on, whom may take the technical standard asreference;Above all, The positioning foothold for the constructionengineering technology standard law should be the best point between thepublic law enforcement and the private law self-governance in some certainAngle;The article is composed of four parts.Part Ⅰ. Introduce construction project as well as themeanings,Classification,Characteristics for the technical standards，decideits legal nature by the external form、issued subject、program and so on.Part Ⅱ. Introduces the technical standard of our country legal systemdevelopment process and the difference with western countries, It concludesthat the development for the technical standard law institution in Chinalinked to the social structure and the economic system reform.Part Ⅲ,Combed the construction engineering of the governmentregulation forms from the Angle of administrative licensing, Analysis thecharacteristics for the technical standard of public law and private law; Fromtechnical standard system on government regulation of failure, Researchproblems such as effect relationship between local technical standard and thenational standard, standard regulation and engineers technology freedom,theadvanced nature of the technical standard with the technology monopoly ortechnical barriers, Summarizes the legal position for the constructionengineering technology standard. The author thinks that these need to strengthen fusion for the public law and private law、Strengthening thebalance and complementary for the public reason and the individualrationality.Part Ⅳ. Put forward legal position for the technical standard as well asthe principles for the government appropriate regulation and the engaging insocial and technological progress, Put forward measures for the improving itslegal status, strengthen its mandatory and the autonomy of coordination withimplementing the formulation and implementation of the system ofdiversified in the development direction for our country constructionengineering and technical standards legal system.