Research On Civil Liability Of Construction Quality

Since the reform and opening up, China’s construction industry is developing veryrapidly, its status and role in the national economy gradually increased, has become one ofthe pillar industries in China.However, the rapid development of the construction industryhas also brought series of accidents issues, production accidents and quality defectsfrequently occurs. Related laws and regulations have lagged behind the actual developmentof the construction industry,I believe that the development of a unified "Building QualityAccountability Act" is imperative. The liability of construction quality divided intogeneral defect liability and tort liability, which is consistent with our current legislation.Interms of liability principle,When it is general quality defects, the building unit should beused presumption of fault liability principle,and construction unit should be used strictliability principle.When it is quality flaw, both of this two units should be used strictliability principle.As the construction sector usually have some special issues, such as longlife cycle and quality problems occur lag and so on, the statute of limitations period shouldalso be appropriately extended.To improve the legislation of construction quality liability and the way of claims, isthe basis for the protection of construction-related human rights.Meanwhile, its also apowerful weapon for victims to maintain their legal rights,and protect the constructionindustry move toward a healthy and orderly direction.