The Research On Defects And Improve Contermeasures Of Construction Law

The construction industry is the important material production sectors of ournational economy, with the entire country’s economic development, improving people’s lives have a close relationship. With the sustained and rapid economic development in China, China’s construction industry will continue to maintain the strong momentum of development over a longer period. Regulate transactions in order to enhance the construction industry, and orderly development in the implementation of the socialist market economy, China, from a strategic point of view,the construction industry must take the legal road. Based on this, as the status and role of the construction legal system in the fundamental law of the "Construction Law" self-evident."Construction Law" implemented in1998, academics, construction industry, some people since its implementation had on the legislative content of the law there are loopholes defects, with the rapid development of Chinese society and theconstruction industry, require amendments to the "Construction Law" voices constantly, and become stronger and stronger.2011National People’s Congress Standing Committee on Construction Law has been modified, but only with respect to a clause, still can not meet the needs of all sectors.Firstly, the three angles of the public, government and construction market transactions subject to examine the requirements of the construction-related partiesto the reality and development of China’s construction industry, trying to fully and accurately grasp the "Construction Law" to adjust the relationship between themain aspects and realities. And thus as the basis for the analysis of vulnerabilit ies and defects of the existing building ", so as to improve the" Construction Law "practical reality the basis of the direction of a breakthrough.Second, legal theory as a tool, the actual construction of the object, in-depthanalysis of vulnerabilities and defects of our country,"Construction Law", and they are to be sub-type, summarize, and extract that was too narrow to adjust the law, the contents of the legislation significant omissions, the irrational part ofthe provisions and liability provisions are not in place the basic causes and manifestations of the "Construction Law" loophole defects.On this basis, the idea of the perfect "Construction Law" design, combinedwith the experience of building legislation in Canada, Korea and other countries,through a comparative analysis from which to draw useful ideas and practices.And finally put forward a number of articles to improve the recommendations ofthe "Construction Law", and the relevant provisions of the revised study.