Research On The Legal Attributes Of Inspection Before Elevator Operation In China

Now the real-estate industry has thrived.At the same time,it also has driven the related industries' development,which including the elevator industry.As the varied buildings built higher and higher,the elevator became an essential tool in our life.But as the elevator is a kind of hanging tool,so it has risk when it works.So before the elevator puts into service,the related organization must inspect it.Only those elevators those up to the standard can come into use.On one hand the elevator's inspection can prevent the elevators those have latent danger from reaching the market,on the other hand it also can make clear the allocation of responsibility once the elevator has an accident.In practice,elevator inspection can be divided into two classes.One is self-inspection which elevator producer or user entrusts the third party.Another is statutory inspection according to the regulation of the Special Equipment Safety Law of the People's Republic of China.Those two types of inspections are very important for the elevator's quality check.But from the perspective of legal attributes,those two forms of inspection are totally different.This article mainly discusses the legal attributes of these two kinds of elevator inspection.The first part is the overall illustration about the China elevator inspection.As the elevator inspection belongs to a part of elevator management,the beginning of this article is a brief introduction about the elevator management.After that,it introduces the elevator inspection from rules and regulations of elevator inspection and the classification of elevator inspection two angles.The second part is the study about the legal attribute of the self-inspection.Self-inspection of elevator is the first inspection,also is the basis of the statutory inspection.In this part,it is mainly through the actor of elevator self-inspection to illustrate its legal attribute.Elevator producers or users can choose the actor of elevator self-inspection.They can choice the internal inspection organization of elevator manufacturer,also can entrust other inspection agencies.But no matter what the actor is,the inspection belongs to factual action.It is a kind of self-regulatory behavior in the market.The third part is the main part of this article.It mainly discusses the legal attribute of elevator statutory inspection.This article will illustrate this from the angles of subject and feature.It is of practical signification to make a qualitative analysis of the legal attribute of the elevator statutory inspection.Through the analysis the legal attribute,it can be determined that if a dispute occurs,what kind of action should be filed to protect the legitimate rights and interests of the applicant.Also it will illustrate the statutory inspection is actionable.It is necessary to make clear the legal attribute of China elevator inspection.In the process of administrative licensing reform conducted by AQSIQ,the legal inspection of special equipment has been removed from administrative licensing.This made the legal attribute of the statutory inspection that belongs to the administrative license has changed fundamentally.The main purpose of this paper is what the legal attribute of the elevator as the special equipment statutory inspection belongs to after the reformation,and through this problem,it is suggested that if the elevator producer refuses to accept the result of the inspection,how should he relieve it?...