Ask for a paper on building regulations.
This paper analyzes the relationship between architecture and law, some chaotic phenomena in China's construction industry, and the restraining effect of Building Law on these phenomena, so as to reflect the normative role of building regulations on the construction market, and finally puts forward the view that the role of building regulations lies in implementation. Key words: legal means Building regulations system In modern society, law plays an inestimable role in supervising and regulating the construction market, coordinating the effective operation of the whole construction market and promoting the healthy development of the construction industry. Laws and regulations are the threshold of a country's market access and an important means for the government to manage the industry. However, for a long time, due to the irregular market and the lack of a clear legal system, there has been a serious crisis in every link in the construction field, and the chaos in China's construction market is serious: (1) subcontracting and contracting are illegal. In China, "social-social relationship" is often emphasized, and the current situation of the construction market is "more than enough porridge", so builders often abuse their bidding rights in the bidding process, use pressure to ask the construction unit to lower the price, and put forward unreasonable requirements such as early construction; Secondly, in the process of contracting the contract, the construction party often collects "introduction fee" and "agency fee", illegally subcontracts "management fee", and a large amount of project funds are put into personal pockets, which not only makes the whole construction market chaotic, but also makes it difficult to guarantee the project quality, leading to major accidents. (2) The phenomenon of arrears in project payment is very serious. While building high-rise buildings, construction enterprises are often troubled by the construction unit's arrears of project funds, which makes the construction enterprises with very tight economy worse. Layers of economic pressure eventually transferred to migrant workers, which is an important reason for the arrears of wages for migrant workers. (3) Due to the late start of supervision system in China, there are many problems in engineering supervision units. First of all, the irrational expansion of the construction unit leads to the decline of the quality of the supervision company. In this case, many supervision companies have to undertake business because they can't, and there is abnormal competition. The low quotation makes the quality of supervision not guaranteed. At the same time, the construction unit lacks trust and cooperation with the supervision unit, which makes the supervision work more difficult. Faced with the above problems, it is particularly important to establish a strict legal liability system and adjudication system. In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, the Standing Committee of the Eighth NPC passed and promulgated the "People's Republic of China (PRC) Construction Law" on June 1997, which brought the standardized operation of the construction market into the legal track for the first time. First, the project contracting must be handled according to law. First of all, it must be clear that the contractor of the project must have certain conditions to be qualified to contract. These conditions should at least include: legal person qualification or other organizations established according to law; Having funds or sources of funds suitable for the construction project; Having professional technical personnel and management personnel suitable for the management of construction projects, or entrusting construction projects or contracting agencies with corresponding qualification grades to contract out; Other conditions stipulated by laws and regulations. This is the basic requirement for employers. Secondly, the contractor should also have certain conditions. Contractors engage in construction contracting activities and contract construction projects within the business scope permitted by their qualifications. In addition, contractors from other provinces and cities should also apply for registration at the local construction management office, and only after obtaining the approval documents or construction permits for engaging in survey and design business can they engage in construction project contracting activities in this city. Overseas enterprises also need to apply for registration to the Municipal Construction Management Office, and can engage in contracting activities only after approval. The contracting out and contracting of construction projects is a very serious business activity, and its regulations must be strict. In the process of contracting construction projects, no unit or individual may introduce construction projects for profit, and the relevant administrative departments and their staff shall not use their powers to designate contractors. Second, to solve the problem of project payment settlement by legal means, we must first strictly sign the construction project contract and try our best to improve the contract terms. The Ministry of Construction and the State Administration for Industry and Commerce have specially formulated a new model text of "Construction Contract for Construction Projects" for signing contracts. However, when applying the model contract, it should be modified according to the actual situation of the enterprise and the business itself, so as to make concrete analysis of specific problems, so that the contract can meet the needs of the enterprise and the business from the beginning, and the financial problems should be comprehensively envisaged and clearly defined to avoid unfounded disputes. In addition, the construction unit may be required to provide performance guarantee for timely payment. In order to enable the construction unit, that is, the employer, to pay the project funds in time at the beginning, both parties can provide corresponding property as a guarantee for the payable project funds in the contract, or a third party can provide a guarantee, which can be a joint liability guarantee. In this way, in the future, when the employer is unable to pay the project payment in arrears, the contractor can use the property guaranteed by the employer to pay off the debt, or ask the third party to assume the guarantee responsibility, so as to minimize the risk of the contractor. Lack of good faith is an important reason for the arrears of project funds. We should not only use the law to prevent and control dishonesty, but also rely on conscience and belief to support the integrity system and maintain the barrier of good order. Therefore, it is suggested to gradually establish and improve the enterprise credit system in the construction industry, record information such as enterprise identity, project quality and safety, and service conditions, build a "honesty building", and complete the mutual restraint and self-restraint of market participants' behaviors through the mutual restraint relationship between market participants, which will greatly alleviate the serious unfair transactions, arrears of project funds, malicious price suppression and other behaviors caused by oversupply. Finally, legislation is adopted to ensure the realization of project insurance and project guarantee. Third, standardize the supervision market by legal means 1. Clarify the measurement standard of supervisor's work level. To implement the construction project supervision system, the state needs to meet three conditions at the same time: first, it should work in the construction post; The second is to obtain the qualification through the national unified examination, and the third is to obtain the "post system of supervision engineer" through registration, both of which are indispensable. At the same time, according to the quality of personnel, the amount of funds, professional skills, management level and establishment performance, the qualifications of construction supervision units are divided into Grade A, Grade B and Grade C, and the in-service senior engineer, senior architect or senior economist who has obtained the qualification certificate of supervision engineer is the person in charge of the unit, or the in-service senior engineer and senior architect who has obtained the qualification certificate of supervision engineer is the technical person in charge. In addition, the construction project supervision system also stipulates that the supervision unit must engage in the establishment activities within the approved supervision scope and shall not undertake the construction supervision business without authorization. 2. Clarify the position and role of the supervisor in the construction project supervision system, and clearly define the work basis and content established in each stage, including the project establishment stage, design stage, construction bidding stage, material procurement stage, construction stage and contract management stage. Architectural engineers play an irreplaceable role. The law requires that the construction unit must hire a supervision engineer in the project, which is an affirmation of the importance and trust of the supervision engineer. However, as the supervision industry in China is a new field, it will take some time for construction enterprises to really attach importance to and recognize its authority psychologically. In view of this situation, on the one hand, we should enlighten the construction unit, make clear the importance, professionalism and fairness of supervision work, keep pace with the times and change our concepts. Nowadays, project supervision is not only a technical work, but also a comprehensive work combining management, law, economy and technology, which is an effective guarantee for project quality. On the other hand, the quality and professional level of supervision engineers should be strengthened. Therefore, the supervision company should strictly enforce the relevant laws, earnestly perform the contract, ensure the project quality, establish the authority of the supervision engineer, strictly control the supervision business, and ensure the excellent project quality. This is a virtuous circle. Conclusion There is no doubt that building regulations have a normative effect on the construction market, but there is still a long way to go in the process of law enforcement and compliance. How to improve a country's legal system ultimately depends on the process of law enforcement. So I think what we should do more is to change our thinking, turn the slogan of "everyone is equal before the law" into reality, and let the law enter everyone's side and heart. In addition, in order to integrate with WTO agreements, agreements and international practices as soon as possible, and promote China construction enterprises to adapt to the requirements of domestic and international market competition, we should strengthen the construction of building laws and regulations, establish and improve the system of building laws and regulations, change traditional practices, and speed up legislation. References: Chen. Discussion on the integration of China's building codes with international practices. Journal of Taiyuan University, 2003.4 fZ] Xu Ge. China building code and FIDIc contract text. [3] Liang Weilai and China Building Regulations. Guangdong Architectural Decoration, 2003.5. Shanxi Architecture, 2003.