Study On Legal Issues Of The Supervision Of Construction Qualification In China

Nowadays, Chinese society market economy develop rapidly, the adjusting and transformation of economic structure promote the establishment of free competition system of construction market, therefore, governments supervision on construction market trend to autonomation and externality. But to some extent, because of the backward supervision pattern of construction market, the deviation of autonomy of construction market entity, and the operational imbalance of construction market, supervision situation of construction market isn’t compatible with socialist market economy system, some problems emerge. In the aspect of qualification supervision of construction enterprises, attaching and illegal subcontracting are symbols of drawbacks of Chinese qualification supervision of construction enterprises. Especially in recent years, attaching and illegal subcontracting are more and more widespread, that impact project quality and social security straightly, and have caused serious consequences. Therefore, the innovation and perfect of qualification supervision of construction enterprises, the awaking of supervision meaning, the excavation problems of the supervision, and the learning from foreign advanced experiences, to provide references to innovation and perfect of qualification supervision of construction enterprises, are key points of current socialist legal construction.Chinese legislation on qualification supervision of construction enterprises is relatively late, after1984, relevant regulations are firstly promulgated. So far, in central government level, Administrative Regulation for Qualification of Construction Enterprises is the core of rules, it is in low class in whole legal system, and even in today, a special law of normalizing and regulating qualification supervision is still not been promulgated. Because of the lack of concrete operational rules, the problems of excess government offices, little supervision content, behindhand supervision pattern and so on, are really pessimistic. While foreign legislation and supervision pattern of construction enterprises are perfect and operational, china should learn from developed countries correspondingly.In order to deal with the problems of qualification supervision, preserve the order of construction industry, and protect the legal rights and interests of construction market participants, government should take actions in aspects of legal ground, supervision mechanism, and supervision guarantee. In the aspect of legal ground, government should innovate new content, integrate all the new regulations and regional policies, and design the legal system that is suitable for the development of construction industry based on the current rules. In the aspect of supervision mechanism, government should perfect the supervision subjects and legal system of qualification of construction enterprises, and set clear duties of it. In the aspect of supervision guarantee, though the pattern of engineering surety, governments should strengthen the social supervision of subjects to promote the effective enforcement of Qualification supervision of construction enterprises.