Research On Perfecting The Insurance System Of Potential Defects Of Residential Engineering Quality In China

According to the official statistics of China Consumers Association,in recent years,the number and proportion of consumers’ complaints about housing and building materials remain high,and the quality problems of housing projects in China are becoming increasingly prominent.In order to explore the establishment of engineering quality management mechanism and engineering quality insurance system,improve the quality level of residential engineering,enhance the ability to prevent and resolve engineering quality risk.China started the practice of engineering quality insurance system in 2000.In recent years,there are more and more pilot cities and provinces in China to carry out the insurance of potential defects of residential engineering quality.However,the provisions in the pilot areas are scattered and inconsistent,and China has not carried out unified provisions,and some provinces and cities even have great differences in the provisions on key issues.As the potential defect insurance of residential construction engineering quality is still a new kind of insurance in China,there are still imperfect places in the system.Based on the analysis of relevant documents in the pilot areas of China,it is found that there is a lack of legislation in the insurance system of potential defects of residential engineering quality in China,and the institutional foundation has not been established yet.Each pilot area has different views on whether to force the applicant to take insurance and whether the applicant can enjoy the right to terminate the contract;The subrogation right of the insurer in the insurance of potential defects of residential engineering quality has not been implemented.This is because the insurance system of potential defects of residential engineering quality in China is late,the insurance market in China is not mature enough and the situation of different provinces is different.Based on the comparative analysis of the insurance modes in France,Spain,Japan and China,the successful experience of foreign engineering quality insurance modes is summarized.In view of the current situation of the quality insurance system of the pilot urban housing project in China,the following suggestions are put forward:First,in order to attract the attention and attention of all sectors of society to the potential defects of the housing project quality,the relevant laws and regulations should be revised;The insurance system for potential defects of residential project quality can be added to the Regulation on Construction project quality Management.Secondly,it should be made clear in the form of legislation that the insurance system of potential defects of housing project quality should be enforced to better safeguard the legitimate rights and interests of the owners of housing project.Third,limit the right to terminate the contract of construction units in the insurance of potential defects of residential projects in China,and refine the corresponding rules.Fourth,perfect the realization of the right of recourse of the insurance company for the potential defects of the residential project quality,establish the housing quality inspection agency,and encourage all parties to assist the realization of the right of recourse of the insurer.