Research On Government Regulation Of Construction Subcontracting And Illegal Subcontracting In Shandong Province

Under China’s rapid economic development,the construction industry has been expanding its output value to become an important economic industry in China.It has objectively played a role in maintaining social stability by absorbing a large number of rural surplus workforces as its industrial characteristics.The rapid development of the construction industry and the construction market also put forward higher requirements to government supervision.However,the government regulation of the construction industry and market in China started late,and some regulatory policy mechanisms are still being explored and not perfect enough.Thus,a large number of violations exist in the current construction industry,including illegal bidding and tendering,lack of project supervision,construction contract contracting and illegal subcontracting.In recent years,the government departments have repeatedly strengthened the supervision of illegal activities,but the current situation still remains grim with many deficiencies in policies.This paper takes Shandong Ministry of Housing and Urban-Rural Development’s regulatory policy for construction engineering contract contracting and illegal subcontracting as the research topic.Through the case analysis of " Qingdao Subway Line 1 incident" and by sorting out the problems of government regulation and analyzing their reasons,this paper further puts forward relevant countermeasures and suggestions.Contract subcontracting and illegal subcontracting not only break the original order of the construction market,but also leave hidden risks for the quality and safety of construction projects,which is one of the illegal acts that the Shandong Government focuses on.Although in recent years,to crack down contract contracting and illegal subcontracting of construction projects,Shandong Government introduced a number of policy,including normalizing enterprise qualification management,improving the system of labor insurance,optimizing government regulation program,establishing the credit supervision system,strengthening the illegal penalties and setting up the path of mass supervision,etc.,but the supervision effect is not significant in engineering contracting and illegal subcontracting.The measures formulated based on the traditional government supervision theory do not adapt to the current development law of the construction market in Shandong Province,which is the main dilemma faced by the government departments.Some supervision measures objectively lead to the contracting and illegal subcontracting of construction contracts.The lack of scientific planning for the routine supervision and inspection of the government and the concealment of illegal behaviors make it difficult for the government departments to timely investigate and deal with illegal acts in the daily supervision;the lack of a unified management system for enterprise qualification and individual qualification certificate provides the breeding ground for project contracting and illegal subcontracting;the report mechanism is not perfect,and the rights and responsibilities are not clear for report acceptance;feedbacks are delayed in supervision system.Based on the theory of responsive and incentive regulations,this paper puts forward the following suggestions to improve the government supervision system of project contracting and illegal subcontracting by combining the current situation of construction market in Shandong Province:first,relax the market access policy appropriately to expand the labor subcontracting market;second,refine the means of government supervision,and further deepen supervision by introducing third-party agencies,formulating scientific supervision inspection plans and adopting surprise inspection and secret inquiries;third,establish internal supervision mechanism of enterprises and take positive incentives to encourage enterprises to carry out self-examination and self-correction;fourth,improve the enterprise qualification,individual qualification certificate information registration and severely punish certificate attachments;fifth,further broaden the public reporting channels,improve the system of rewards and punishments,and clarify the scope of reporting acceptance;sixth,by creating the government regulatory performance evaluation system,further improve the regulatory policies.Under the above supervision measures,the widespread contracting and illegal subcontracting of construction projects in the construction industry of Shandong Province will be controlled to maintain the harmonious development of the construction market.