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The Research Of Professional Ruling Mechanism Of Our Country’s Construction Contract Dispute

Posted on:2013-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhouFull Text:PDF
GTID:2256330401950043Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At present, The theoretical study of China for the construction contract disputeresolution mechanisms more limitations on the substantive issues of the constructioncontract disputes to resolve and procedural issues still in its infancy, the lack of theoryon the construction contract disputes, causes, characteristics, and its proceduresdesign, analysis and summary, not based on the needs of practice studied andsummarized the existing engineering disputes to resolve deficiencies in themechanisms and the experience gained. Few engineering disputes related toprocedural issues discussed only brief arbitration and litigation of these two types oftraditional solutions, other dispute resolution procedures to use in practice has notbeen the concern of theoretical research.In this paper, a summarized comparison of analytical methods, combined with thestatus of our project management and engineering contract disputes, a summary andanalysis of existing engineering contract dispute settlement mechanism, and reflectsour existing engineering dispute resolution to build the theory of recent developmenttrends enough to grasp, yet to summarize the practice of the engineering market,research needs to be further deep-seated theoretical problems, especially from theperspective of international experience and the actual docking comprehensive,systematic research should be strengthened. Sub-chapter is divided into three parts,first of all, combined with the status quo of China’s engineering contract management,through the applicable procedures of the way to solve our engineering contractdisputes, to solve the main rules of procedure, the results of the proceedings and theireffects to describe the existing non-litigation project dispute resolution mechanism ofthe operation; then through to solve a wide range of applications of the field ofinternational engineering contract management several disputes mechanism in thesystem to build and run the model introduction, from the time limit system,professional requirements and authority of the requirements point of view a summaryof the system of foreign advanced theoretical and practical experience. Finally, someconcluding remarks from the operation mode, the specific implementation of thepathway, the time limit system, professional requirements and authority ofrequirements put forward their own vision of the construction contract disputes,professional adjudication mechanisms. Construction of China’s engineering professional award of a contract dispute mechanism-Engineering contract disputeruled that the committee system. Aimed at a systematic integration of the resources ofour existing engineering contract disputes be resolved through the organization ofoperation of the agency, thus promoting China ’s construction contract disputeresolution professional, systematic, professional development, in order to establishour characteristics Engineering Dispute Resolution mode to provide institutionalsafeguards for the harmonious and stable development of China’s construction market.
Keywords/Search Tags:project contract disputes, time system, professional, authoritative
PDF Full Text Request
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