Research On Legal Risk And Regulation Of Enterprise Construction Project Contract

In recent years,although the legal construction of enterprises in China has made considerable progress,the development is still very unbalanced.There are still many legal loopholes and legal risks in the construction engineering industry,and legal disputes are constantly arising.Construction project related disputes also emerge in endlessly,causes contracts for construction projects subject to dispute the factors,such as the flaws of the construction project contract demonstration text,construction engineering disputes settlement mechanism is not perfect,and practice in the enterprise internal responsibility is not clear,the system is not sound,regulatory control,legal consciousness,etc.In terms of theory,in the face of the deficiency of the construction project contract demonstration text and the imperfect dispute settlement mechanism in the construction project field,it is suggested that the ministry of housing and urban-rural development and the state administration for industry and commerce consider relevant Suggestions when revising and improving the construction project contract demonstration text and dispute resolution mechanism in the next step.In practice,the above practical factors reflect that enterprises still have big problems in the concept of operating in accordance with the law,awareness of risk prevention and internal system control.Therefore,it is necessary to strengthen the construction of enterprise system,improve the level of legal services,prevent and defuse business risks to the greatest extent,and promote the maintenance and appreciation of enterprise assets.The author adopts a research method combining empirical analysis and theoretical analysis.First,this paper selects a typical case and focuses on four controversial points: the validity of the contract,the nature of the contract,the determination of the cause of action and the division of responsibilities,and makes a jurisprudential analysis of these four controversial points.Secondly,according to the construction project contract often occur in a few problems,such as from the contract before the conclusion,the conclusion of the contract and the legal risk in the processof contract performance,the actual construction of the requirements of the employer to assume responsibility and other aspects of the combination of analysis and research.Thirdly,based on the analysis of the current situation of the legal risk prevention of construction project contract at home and abroad and the enlightenment to China,it is suggested that China should revise the current effective construction project contract model text by referring to the relatively mature FIDIC contract model text in foreign countries.Finally,in order to prevent the legal risks of the construction project contract of state-owned enterprises,the author puts forward his own views and opinions from three aspects,namely,strengthening the implementation of the compliance system of the construction project contract,improving the legal dispute resolution mechanism of the construction project contract,and establishing the legal risk early warning mechanism of the main party of the contract.Among them,in order to improve the legal dispute resolution mechanism of construction project contract,it is suggested that China should learn from the mature expert evaluation mechanism of foreign countries,improve the dispute resolution mechanism of construction project contract,maintain the orderly development of construction project market,and provide a guarantee for the legal risk prevention of state-owned enterprises' construction project contract.