Research On The Legal Regulation Of Construction Market Access In China

Chinese construction market access system was established for orderly and efficient competition in the construction industry, and for construction engineering quality and safety. The strict construction market access system caused a lot of illegal activities, such as borrow and anchored qualification, leapfrog contract, illegal subcontracting. They are not only seriously disrupting the orderly competition in the construction market, but also bringing social risk. Construction market as an important part of the market economy, to study whether we really need market access, the best market access regulation means, and institutional system reform proposals, is having far-reaching significance. This paper can be divided into three chapters.The first chapter explains the theoretical foundation and analyses the practice of construction market access system. At the theoretical level, by Government Regulation to analyses public interest and private interest theoretical basis, the relationship between market access and administrative license. On a practical level, construction implement enterprise qualification and personal qualifications, the two-track system of market access is seriously flawed. The current administrative licensing regulation means is failure in the construction market access system.The second chapter elaborates the basic idea of the construction market access regulation reform. The basic idea mainly:1).deregulation and re-regulation of the coexistence, the core is relaxing access restrictions and strengthening follow-up supervision.2).by the standard of set the scope of the really need administrative license, and perfecting right relief system to restrict market access power.3).pay attention to public power, such as social intermediary organization, and strengthen cooperation between government and society.The third chapter proposes construction industry to improve market access legal regulation. First of all, improve market access legal basic to provide specialized, systematic, authoritative legal support. Second, improve the qualification regulatory mechanism of construction market player. Strengthen public-private partnerships, construct the "headed to registration, supplemented by qualification rating" corporate access and "strict license, strengthen responsibility" employees access system. Dynamic regulation, combined with rigid and flexible means of supervision. Regulatory responsibilities will be judged by the regulatory body type, power sources and regulatory means.