| Engineering visa is an important document which record and reflects the variations during the performance of the construction contract,is the original voucher for calculating the expenses beyond the budget of the construction contract,and the expenses under which form an important part of the cost of the construction project.Engineering visa is an unavoidable topic in the engineering and construction industry because it has universal and significant influence for construction project.Engineering visa’s inherent defect and the absence of the legal regulations lead to the frequent disputes.At present,the studies of engineering visa mostly focus on the field of construction cost,audit and management and lack of specific study in the field of law.Law rules market economy.In-depth study on issues concerning the engineering visa from the legal perspective is of positive significance for regulating the issuance of the engineering visa and resolving the legal risks arising from the engineering visa.Based on the analysis of the law and typical judicial precedents of our country,this paper sums up the inherent disputation characteristics of the engineering visa,such as unequal contract status,lack of evidence,incomplete details and weak procedural control,and expounds the deep reasons for the frequent occurrence of disputes related to engineering visa.On this basis,the paper summarizes the ideas and trends of the enactment of laws in respect of engineering visa by analyzing the development process and evolution of regulations of the engineering visa and learning from mature experience abroad.The author is in the view that the engineering visa as a special legal term will be gradually diluted and further regulated.Weakening the legal effect of engineering visa issuance procedure and improving the dispute prevention and settlement mechanism is the way to reflect the real situation on which substantive right rely and balance the rights and responsibilities of two sides of engineering visa.In the future,the enhancement the level of relevant legal regulation of engineering visa and promoting the legal regulation innovation with the characteristics of "Chinese standards" should be based on the characteristics and the experience of relevant legal regulation reform in respect of the engineering visa and through guiding legislation.We should regulate the engineering visa from the two aspects of equality and applicability,and introduce the "extended review" mechanism to optimize the settlement procedure of disputes arising from the engineering visa,so as to promote the effective control of the risk of disputes related to engineering visa. |
