Research On Legal Risks Of Construction Enterprises In China In Central Asian Countries

With the implementation of the “One Belt,One Road” initiative,China’s foreign contracted engineering business market is developing well,and the scale of overseas contracted projects is gradually expanding,and most of them are based on the EPC general contracting model.However,most of the countries along the “Belt and Road” belong to developing countries,especially Central Asian countries.The construction engineering legal system is not mature enough.Some major losses and failed engineering cases in recent years have confirmed the contracting projects in Central Asian countries.The problem of difficult projects,therefore,the legal risks of foreign contracted projects cannot be ignored.Based on the theoretical basis of risk and legal risk and the relevant theoretical research of overseas EPC projects,this paper clarifies the operational process and characteristics of China’s construction enterprises contracting EPC projects in Central Asian countries,and lays a foundation and theoretical framework for the legal risk research of EPC projects in Central Asian countries.Secondly,through the investigation of the realistic environment of the project contracting law in Central Asian countries,we found the legal issues of China’s construction enterprises contracting projects in Central Asian countries.Based on the analysis of the research results,this paper analyzes the status quo of the engineering contracting legal environment in Central Asian countries from the aspects of investment legislation and engineering construction,and proposes the existing problems of the legal environment of the construction engineering industry,which provides a legal basis for the identification of legal risks.Then,using the scene analysis method to identify the legal risks faced by Chinese construction enterprises in contracting EPC projects in Central Asian countries from the engineering,procurement and construction stages,and construct a legal risk index system and construct a legal risk evaluation model.Taking the Zanatas 100 MW wind power EPC project in Kazakhstan as an example,the legal risks of each stage of the project are identified,and the project is evaluated through the legal risk assessment model to determine the key legal risks and overall project laws at various stages of the project risk level.Finally,effective control measures are proposed for the main legal risks faced by the engineering,procurement and construction phases.According to the legal environment of engineering contracting in Central Asian countries,this paper systematically studies the legal risks faced by Chinese construction enterprises in contracting engineering projects in Central Asia from the whole process of EPC projects,In order to provide reference for the legal risk management of foreign enterprises contracting projects for “going out” of Chinese enterprises.