Research On The Legal Status Of Supervisors In Engineering Construction

The 30 years of the implementation of the project supervision system in China is also the 30 years of rapid development of China's infrastructure construction.The supervisors have played a role in safeguarding the quality of China's engineering construction,strengthening safety production management,shortening the construction period of the project,standardizing contract management and improving investment efficiency.Important role,but because our country's laws have not clearly defined the legal status of the supervisor in the form of provisions,and in practice the supervisor's legal status has always been disputed by different viewpoints,the government will perform the duties of the supervisor as an"independent third partyl Responsibility,the owner tends to regard the supervisor as the"owner agent" to protect his own rights,and the construction party expects the supervisor to favor the legal status of the "quasi-arbitrator" on the basis of the "fair" negotiation function,so that the supervisor is The status of construction is relatively low.In the new era of the current project supervision system,the legal status of the supervisors in the transformation and upgrading of the project supervision industry should be returned to the "consulting service main body",thus promoting the successful transformation and upgrading of the engineering supervision industry.This paper starts with the legal relationship between the supervisor and the participants in the project construction,analyzes the changes in the supervisor's rights and obligations of the supervisor in the construction project supervision contract(model text)and the construction project contract(model text),and sorts out the construction of China's engineering.Supervisor's duties and roles in different development stages,analyze the different viewpoints of the supervisor's legal status and the reasons for the evolution of the supervisor's legal status,and further analyze the conflicts and contradictions between the supervisors in law and practice.In the construction,the problem of the legal status of the supervisor is discussed.Finally,the necessity of returning the legal status of the supervisor to the "consulting service subject" is discussed.It is proposed that the legal status of the supervisor in the construction of the project is "consulting service subject" and it is necessary to pass the legislation to clearly supervise the supervision.The legal status of the person and the improvement of the legal relationship between the supervisor and the administrative department and the construction unit,through the clarification of the supervisor's legal status on the requirements of the supervisor's rights and the clear stipulation of the responsibility of the supervisor and the equal rights,the sound supervisor The engineering supervision system with equal rights and responsibilities.