Study On Legal System Of Insurance Of Potential Defects In Housing Engineering Quality

China's construction industry is developing rapidly,but the status quo of the quality of residential projects is not optimistic.In order to protect the safety of life and property of the general public,China draws on France and other countries,introduces a risk management mechanism for insurance of potential defects in residential construction quality,and uses market economic means to solve the quality problems of residential construction in China and protect the rights and interests of buyers.This article is divided into four parts.The first part discusses the basic theory of insurance for potential defects in residential engineering quality.First of all,from the two aspects of residential project quality risk and insurance system,briefly introduce the insurance of potential defects in residential project quality.Second,analyze and demonstrate the nature of the defect insurance system.Theoretically there is a disagreement on the nature of the engineering quality potential defect insurance.The author analyzes the existing "Liability Insurance Theory" and "Guarantee Insurance Theory" and proposes that the defect insurance should belong to the property loss insurance.Finally,the author compares the insurance system for potential defects in residential project quality with other insurance systems,project supervision systems,quality warranty systems,and residential special maintenance fund systems,and finds the differences and connections between the defect insurance system and other systems.The second part clarifies the protection of the owner's rights and interests in the insurance of potential defects in the quality of residential projects,and studies thecontents closely related to the protection of the owner's rights and interests such as insurance liability and insurance period.Insurance liability is related to whether an insurance accident can be compensated by the insurance company.Only the damage caused by the potential defect of the quality of the project that belongs to the insurance liability,the owner can claim compensation from the insurance company.The beginning and end of the insurance period correspond to the beginning and end of insurance liability.After the insurance liability begins,the rights and interests of the owner will be protected by the insurance;the length of the insurance period is related to the length of time the owner 's rights and interests are protected;how to protect the rights and interests of the owner after the insurance period expires also needs to be considered.The third part discusses the protection of the insurer's rights and interests in the insurance of potential defects in the quality of residential projects,and studies the contents that are closely related to the rights and interests of the insurer,such as risk management,the right to terminate insurance contracts,and the right of subrogation.First of all,the subject matter underwritten by the insurance must be insurable.When the insurer intervenes in the project quality management,the quality of the project must be guaranteed,so the insurer needs to rely on the risk management agency,the right to complete the project,the information platform,etc.Improve the mastery of the quality of residential projects,used to eliminate the hazards of potential defects caused by the project quality.Secondly,the distribution of the right to terminate the insurance contract depends on whether the insurer can ultimately guarantee the quality of the project.If the insured is granted the right to terminate the insurance contract without restriction by the construction unit,the defect insurance system will be in vain and cannot guarantee the quality of the project.Finally,the interests of the insurer must be compensated by the right of subrogation.The object of the subrogation claim is the person responsible for the potential defects of the project quality,so this right can also encourage all parties involved in the construction to guarantee the project quality and reduce the project quality risk.The fourth part is the author's suggestion to perfect the legal system of insurancefor potential defects in the quality of residential projects.First of all,it is necessary to include insurance for potential defects in the quality of residential projects into the scope of compulsory insurance,and to improve the risk-sharing mechanism of this defect insurance.Secondly,it is necessary to strengthen the protection of the rights and interests of owners and insurers in order to achieve the purpose of the insurance system and maintain the good operation of the system.Finally,at the regulatory level,the flawed insurance system cannot operate without government supervision and social supervision.