Research On Construction Engineering Supervision Legal System

With the development of China’s economy,the construction industry,as a basic leading industry for economic development,has made considerable progress.At the same time,the construction market is also gradually in line with international standards.Based on the reference to the international engineering consulting system,China has introduced a construction engineering supervision system.In 1984,the World Bank loan project Bruger Hydropower Project used the construction project supervision system for the first time,and China’s engineering construction management field faced the impact of Brugger.Subsequently,in 1988,the original Ministry of Construction officially issued a document:to carry out pilot projects of construction supervision in eight cities including Beijing and the hydropower and highway systems of the Ministry of Energy and Transportation.The construction project supervision legal system has gone from the pilot stage to the promotion stage to the full implementation stage,and the system has basically taken shape.The construction project supervision legal system has raised many problems in its own operation and development while improving China’s construction project management level.For example,there are some problems with the legal status of the supervision unit,the division of qualifications of the supervision unit,the occupational qualification examination system for supervision engineers,and the regulation of supervision responsibilities.Analyze the problems in the legal system of construction engineering supervision and put forward corresponding suggestions to promote the improvement of the legal system of construction engineering supervision in China.The author takes the topic of research on the legal system of construction engineering supervision,combs the relevant laws of construction engineering supervision,based on the currently valid normative legal documents,and refers to the relevant foreign legal systems,combined with China’s national conditions,comprehensive use of standard analysis method,historical research method The comparative research method analyzes the problems in the legal system of construction engineering supervision in China,with a view to putting forward corresponding suggestions for improvement.This article is divided into five parts:The first part is an introduction.This part first introduces the problem leading and research purpose of this article,then writes a literature review,and finally introduces the basic structural ideas,research methods and innovations of this article.The second part is an overview of the legal system for construction project supervision.Taking the definition of construction engineering supervision as a starting point,it analyzes the nature and role of construction engineering supervision,and demonstrates the various doctrines of the legal status of the supervision unit.According to the rank of the law,sort out the legislative status of the construction project supervision legal system.From the aspects of standardizing construction project supervision activities,strengthening the qualification management of supervision units,and maintaining the order of the supervision market,the significance of perfecting China’s construction project supervision legal system is expounded.The third part is to analyze the relevant foreign legal systems and obtain the enlightenment of perfecting the legal system of construction engineering supervision in China.Through the analysis of the changes in the impartiality requirements of the consulting engineers of the FIDIC contract,discuss the repositioning of the legal status of China’s supervision units;through the analysis of Japanese construction laws and regulations,learn the practice of Japan’s Ministry of Land,Infrastructure and Transport to uniformly manage the qualification of supervision units;The review of Singapore ’s construction laws and regulations,the study of the strictness of Singapore’s construction engineering supervision legal system,and the strict punishment of violations of laws and regulations,and the enlightenment from the adjustment of China ’s supervision responsibility regulations.The fourth part mentions the problems that urgently need to be solved in the legal system of construction engineering supervision in China at the emerging stage.This part first analyzes the problems of conflicting legal position of the supervision unit,which leads to the contradiction of supervision authority,the distribution of reporting responsibilities in the supervision reporting system,secondly analyzes the problem of unreasonable division of qualification of the supervision unit,the problem of supervision engineer occupation qualification examination system,and finally analyzes supervision Issues specifically stipulated in responsibilities and issues clearly stipulated in the safety production responsibilities of construction projects.The fifth part is to improve the legal system of construction engineering supervision in China.According to the problems raised in the third part,we put forward targeted improvement suggestions:the supervision unit should be clearly positioned as the trustee of the construction unit,delete the conflicting clauses in the provisions of the supervision authority,share the reporting responsibility of the supervision unit,and cancel the qualification of the supervision unit The comprehensive qualifications in the classification include the exceptions to the addition of qualification standards for supervisory units,amendments to the qualification requirements for the qualification examination of supervisory engineers,addition of examination subjects,special provisions for increased supervision responsibilities and clear provisions for increased responsibility for production safety of construction projects.The innovation of this article is reflected in the combination of the latest national policies with questions raised and suggestions for improvement.The state cancelled the professional qualifications of some professional supervision engineers,which made the operability of the qualification standards of the supervision units worse.Combined with the results of the engineering education professional certification assessment,the graduates ’years of employment requirements are reasonably determined.The shortcomings of this article are mainly reflected in:the research content of the construction project supervision legal system is very rich,and this article can not cover all of them.