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Study Of Legal System Of Construction Quality

Posted on:2013-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaoFull Text:PDF
GTID:2246330374481556Subject:Law
Abstract/Summary:PDF Full Text Request
Legal system of construction quality is the sum of the legal norms on the quality of construction projects in the building act. Chinese legal system of construction quality is composed by the Construction Law of the People’s Republic of China ("Construction Law"), Construction Quality Management Ordinance, and a large number of legislation and regulations. Chinese legal system of construction quality including two aspects:First, mandatory supervision and management of the executive authorities on behalf of the state on the quality of construction projects; Second, parties to the quality of the main responsibility for project quality supervision and management of. The executive is the dominant of the legal system of the current quality of construction projects.Through the last three decades, China has formed a relatively complete legal system of construction quality, but there are still many issues to be resolved. There are two most prominent issues:First, the adjustment range of "Construction Law" is narrow, resulting in the quality of construction projects are not unified legal system, and lead to the "Construction Law" and other laws, legislations and regulations, does not converge; Second, many of the legal system is seriously outdated, the original system does not meet the needs of the times, but the required system delays established.The most important issue to improve chinese legal system of construction quality is to improve "Construction Law"."Construction Law" is the fundamental law of the construction field, is the core of the legal system of quality of construction projects. The author believes that "Construction Law" should be taken to the harmonization of legislation, and should not copy the legislation of Japan and South Korea. Also the author of the basic concepts and general principles of how to modify the "Construction Law", that should be from three aspects:to establish the concept of construction projects; to expand the concept of building acts; to increase the provisions of the techniques requirements.This paper selects several basic legal system to be studied:qualification management system, construction plan review system, construction quality supervision system, project supervision system. Qualification management system is the product of the era of planned economy under the conditions of market economy has been difficult to adapt to practical needs, the need for a comprehensive transformation. Construction plan review system played an important role in ensuring the quality of the project, but there are the more prominent issues should be established that the construction plans review system in phases and establish the principle of "Who designed who submitted". The construction quality supervision system is a controversial system, the author propose to abolish the project quality supervision, narrowing the scope of mandatory supervision. For the project supervision system, the author believe that first of all to improve the relevant legal provisions, from ensuring the independence of supervisory agencies, the supervising engineer for the supervision responsibility system.
Keywords/Search Tags:construction quality, legal system, Construction Law
PDF Full Text Request
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