Study On The Quality Deposit System Of Construction Projects

The system of construction project quality deposit is one of the basic systems in the legal system of construction,which is a similar system exists in countries with developed construction markets.The quality deposit system of construction project is based on the experience of foreign construction laws,combined with Chinese engineering practice in line with the formation of the margin system with Chinese characteristics.With the rapid development of social economy and the construction market growing prosperity.In 2005,the interim measures for the administration of quality deposit have a contradiction with the actual operation of the construction market.The conception of quality deposit and construction quality warranty money has confused,defect liability period and the warranty period is not distinction clearly and so on,those all are realistic portrayal of issues.The drawbacks of the current system is becoming increasingly apparent,construction units and construction organization unequal status result in part of the construction organization engineering settlement price was detained.The existence of these problems seriously hinders the healthy and orderly development of the construction market,may even cause more serious social problems.Therefore,it is more and more important to perfect the quality guarantee system.This article mainly elaborates the legislation perfection of system of quality deposit from four parts:The first part mainly introduces the concept,characteristics and legal origin of quality deposit,and compared with other related concepts,briefly expounds the significance of perfecting the construction quality guarantee system.The purpose of this part is to introduce the basic concept of construction project quality deposit,to help readers have a basic understanding of the quality deposit system and to lead the following play a bedding role.The second part is the synopses and references of the quality deposit system of foreign construction projects,the paper briefly analyzes the quality deposit system of the construction project of the FIDIC,the United Kingdom and the United States,and learn from the excellent experience.Translation is slightly different because of this part refers to foreign literature,but the two natures of course are identical.The third part mainly introduces the existing problems in the quality deposit system,including the definition of construction project quality deposit,defect liability period,starting calculation basis and supervision of the problem.In this part,the author summarizes the defects in the current legal norms and the problems in the implementation of the current construction quality deposit With a view to the legal aspects of construction quality deposit system to improve the project.The fourth part is to solve the problems existing in the construction quality deposit system,mainly to solve the problems mentioned in the third part.In this part,the author from the legislative point of view trying to figure out what issues have been put forward.I wish from the theoretical and practical level can make the construction project quality deposit system more perfect.From the perspective of innovation and shortcomings of this paper,the innovation is mainly reflected in the construction project quality deposit system on the existing main issues on the summary,through the analysis of specific issues,and then to find its legislative deficiencies,the specific problems are attributed to the provisions of the legal system,the existing laws and regulations in the corresponding provisions of the shortcomings were summarized.Of course,this article also has shortcomings,it is mainly reflected in the fourth part of the proposal for the various security system.As the author limited capacity,this paper can only direct at the problem makes some not too mature recommendations,the inadequacies of this paper also expect have teachers more corrections.