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Research On The Parallel Processing System Of Construction Projects

Posted on:2020-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y SongFull Text:PDF
GTID:2416330572999177Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent years,the field of administrative approval of construction projects has gradually connected to the parallel approval system.Based on the "practical rationality",local governments have carried out the process innovation of the parallel processing system,and then created three typical parallel processing system modes: simulated permission,notice and commitment,and permission in advance.Because of the toplevel design of the reform of administrative examination and approval has not been completed yet.In the process of the policy-driven and pragmatic-oriented reform in many places,the research on these three specific development modes of the parallel processing system for construction projects has become an urgent problem.The definition of the parallel processing system for construction projects can be divided into two parts: construction projects and parallel approval.The construction project is a collection of individual projects,the parallel approval means joint examination and approval.Specific to these three modes of operation,the simulated permission divides the approval requirements in two parts: procedural approval and technical review,and make the parallel operation of technical review first.Notice and commitment mode make commitment replace the approval for which can be commit by the enterprise.Permission in advance mode is in the absence of non-main elements of the case first pretrial.The parallel processing system is mainly based on the two theoretical foundations of the overall government theory and the theory of administrative licensing acceleration.It analyzes the legitimacy of these three modes,that is: Whether the separation of technical review and procedural review is legal.Whether replacing approval with administrative contract,the approval decision can be made only in the form of examination is legal.Is it legal to accept and make a decision if the materials are not in order?However,the three specific modes of operation are also accompanied by considerable risks,among which the risk of simulated permission is the lowest and the risk is completely controlled in the simulated permission stage.The risks of two remaining modes are accompanied by the whole process of examination.To be specific,the model of simulated permission implies a deep violation of the legislative purpose.Notice and commitment mode violates the original intention of the administrative license law and the government is suspected to evade the responsibility.Permission in advance mode often leads to the risk of illegal construction.In terms of responsibility,the simulated permission mode is relatively fair,while the latter two modes transfer a large amount of responsibility to the project owner,which violates the principle of fairness.In the legal construction of the parallel processing system of construction projects,we should adhere to the principles of legal,voluntary,procedural review and technical review separation,efficient operation,and strengthening supervision.From the perspective of process reengineering,the approval stage of construction projects should be integrated,and the land planning for project approval should be advanced synchronously.Set up a blacklist system,a standard to transfer,an intermediary service platform,a drawing review center,a network system and other supporting system,and continue to solve the problem like: without the legal basis of the examination requirements,each front's standard conflict problem,and improper setting of approval requirements,with a view to provide a possible reform approach for the reform of the parallel processing system in practice.
Keywords/Search Tags:construction projects, the parallel processing system, simulated permission, notice and commitment, permission in advance
PDF Full Text Request
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