Highway Project Construction Infringement Legal Risk Prevention And Control And Application Research

Highway construction engineering construction project has the production cycle is long,complex technology,wide range,etc,the construction of various infringement disputes easily.Combined with our country \ "tort liability law\" to become effective as of July 1,2010,marked the basic to perfect the civil law system in China,with the wide publicity of the tort liability act and in-depth implementation of people consciousness gradually increase,the construction of the tort cases gradually increased,the increasing of the infringement will Highway construction engineering construction project has the production cycle is long,complex technology,wide range,etc,the construction of various infringement disputes easily.Combined with our country \ "tort liability law\" to become effective as of July 1,2010,marked the basic to perfect the civil law system in China,with the wide publicity of the tort liability act and in-depth implementation of people consciousness gradually increase,the construction of the tort cases gradually increased,the increasing of the infringement will inevitably affect the implementation of the project management,construction enterprises attach importance to deal with infringement dispute,mastering the tort liability imputation principle,familiar with the tort liability of legal norms,a clear identification of the construction of tort law risk points,standardize the project management measures,to carry on effective project risk management,risk prevention.This paper introduces the relevant theories of engineering project construction risk of tort law,including the definition of the related concept of risk management,and features and functions of risk management,risk management process(risk identification,risk estimate and evaluation,risk response,risk monitoring),puts forward the author's understanding of the tort law risk.By introducing the construction of tort law,engineering insurance and engineering construction related legal system,the construction of tort law risk liability imputation principles(the principle of fault liability and no-fault liability principle,the principle of fair liability),the theoretical basis for risk identification for behind.Taking jiang zhao infringement cases arising in the course of highway construction project as an example of subgrade engineering construction of deep foundation engineering,highway engineering,road engineering,tunnel engineering construction such as tort law risk points and characteristics for theidentification,analysis,put forward the construction of infringement legal risk prevention and control system and the prevention and control measures for risk response,and with jiang zhao cases arising in the course of highway construction project of construction risk prevention effect and results were obtained in tort law.The purpose of this article is introduced the basic knowledge of the basic theory of risk management,engineering insurance,on the basis of universal basic legal knowledge about construction of tort,can in order to improve the highway engineering construction unit of construction of tort liability risk identification,estimation and control of processing capacity.The characteristics of this article is in view of the specific problems to solve,by construction units in each item of construction projects may face the tort law risk point as the breakthrough point,combined with the engineering construction practice,refer to the specific construction project of a large number of typical construction of infringement cases and cases,hope that through an introduction to the analysis of real cases,enhance readers' perceptual knowledge of construction risk of tort law,mastering the ability to identify the construction risk of tort law by way of insurance transfer risk,enhance the level of construction project risk management and implementation project of economic management objectives.