1 Introduction
Road construction is an important infrastructure construction in China, which can not only improve people's life or environment, but also effectively promote the economic development of a city and a region. Therefore, in addition to the support of government funds and policies, it has been widely concerned by people from all walks of life. In order to obtain better social and economic benefits, the government, as the main investor, manager and owner of municipal road engineering, can effectively manage and control the investment, progress and quality of the project only by perfecting the management system and relying on a sound legal system, and the key point of management is the management of the contract by the project owner.
2 municipal engineering contract classification and related legal system
2. 1 classification of contracts 1 999101day, People's Republic of China (PRC) contract law (hereinafter referred to as contract law) was formally implemented in China. The contract law divides the contract categories into 15, and the main ones related to municipal road engineering contract management are: construction project contract, sales contract, technology contract, contracting contract and entrustment contract [1]. Each category contains different contents, and construction project contracts include: site survey, facilities, construction and other contract types; The sales contract mainly refers to the material purchase contract of the project; Technical contracts refer to consulting and service contracts; Contracts include contracts for the purchase of finished construction products and equipment; Entrusted contract refers to entrusted supervision contract. In addition, in order to better solve various conflicts in the construction of municipal road projects, the owners need to sign relevant management agreements with relevant units, and the management of the contents of the agreements also belongs to the scope of the contract. 2.2 China's market economy system under the relevant contract legal system, municipal road engineering construction and management must be implemented in accordance with legal requirements and contract provisions. It is directly related to General Principles of Civil Law of People's Republic of China (PRC) (hereinafter referred to as General Principles of Civil Law), Construction Law of People's Republic of China (PRC) (hereinafter referred to as Construction Law) and Contract Law.
It is the general principles of civil law that set a series of principled and normative standards for contracts. Construction law is the basic law to regulate construction activities. As a basic construction activity, municipal road engineering and operation must abide by the legal provisions of the construction law. It is the contract law that restricts and regulates the property in China's market economy. This is the basic law of property circulation, which should be used as the basis for contract modification and performance, and abide by its legal provisions. In addition, there is the bidding law, which is the main law to regulate market competition. With the help of law, the construction market can achieve fair and just competition and effectively manage market competition. As a project invested by the government, municipal road construction must be subject to tender, and the contractor must be determined through open and fair competition [2]. In addition to these major laws, we should also abide by the civil procedure law, labor law, arbitration law, insurance law and other relevant laws and regulations.
3 the purpose and task of municipal road engineering contract management
3. 1 improve the management level of municipal road engineering construction As the owner of municipal road engineering, the main task is to improve the management level of the project. The progress, quality and investment of the project are three aspects that need to be managed and reflect the project management level. The management control of these three aspects is mainly carried out through contracts [3]. According to the detailed provisions of these control objectives in the contract, the contractor is required to control the project in strict accordance with the contract requirements and adopt scientific and reasonable management methods. In addition, if the municipal road project can be managed according to the contract, it can effectively ensure the quality of the project and achieve the control goal of progress and investment [4]. Therefore, municipal road engineering contracting can improve the management level of municipal road construction. 3.2 Strengthening the Integrity of Municipal Engineering Construction Because construction projects are generally large in scale, long in construction period and large in capital investment, they have become the main areas of economic crimes. Therefore, we must be fair, open and just, and try our best to avoid crimes in these areas. The most important method is to strengthen the contract management of the project. It is necessary to establish and improve the contract system for engineering construction, open bidding, put trading activities in an open environment, restrain abuse of rights, and crack down on corruption such as bribery. While vigorously promoting the construction of a clean government and strengthening the contract restraint system, we should prevent corruption crimes of owners and contractors.
4 main methods of contract management of municipal engineering owners
4. 1 Act according to law and be strict with yourself. With the improvement of laws and regulations, the state has promulgated the Construction Law, the Contract Law, the General Principles of the Civil Law, the Bidding Law and other related laws, and the contract management law in municipal road construction has been gradually improved. In the construction of municipal engineering, the municipal owner must strictly regulate his own behavior, and at the same time supervise and manage the contractor's construction process, and must carry out the engineering construction in accordance with the relevant provisions of the contract and strictly implement it. The birth of the contract means that it is legally binding on both parties. Therefore, we must act in accordance with the law and strictly regulate management to promote the management and construction of the project.
4.2 Establish an efficient contract management mechanism Because there are many contract types and municipal engineering projects involved in municipal road construction, it is necessary to establish an efficient contract management mechanism with reasonable contract management personnel. Many contracts must be strictly managed and controlled by the staff of professional organizations. 1) Establish a contract circulation list system, which is a powerful guarantee to ensure the legitimacy of the contract modification process. A contract and a circulation form need to be approved and signed at different levels, including the contract manager, relevant person in charge, leaders in charge and unit leaders. It is necessary to strictly close the contract, prevent the occurrence of unfair transactions, and effectively guarantee the legality of the content and form of the contract [5]. 2) Establishing a contract account system can effectively prevent the repetition and loss of contracts. The contract ledger system needs to establish two ledgers, collecting and issuing, and arrange special personnel to manage and record them. Generally speaking, contract inspection system and reporting system can be established to promote project management. In addition, the data can be sorted according to the classification of each project and all the contract contents involved in a single project, and the written basis can be provided for the owner through the investment analysis of project construction. This statistical method can effectively improve the management level of municipal road engineering owners.
4.3 Implementation of the Model Contract Text System Due to the complexity of the construction contract, China promulgated the Model Construction Contract (Model Text), Model Construction Supervision Contract and Model Survey and Design Text in 1999. On the one hand, the implementation of the contract model text system can enable the parties or units to understand and master the relevant laws and regulations in time, and avoid deviating from the requirements of laws and regulations and taking detours in concrete practice; On the other hand, the administrative department can strengthen the supervision of the contract so as to safeguard the interests of the parties in the event of civil disputes and other events. The implementation of the model contract has promoted the development and perfection of the project contract management system. 4.4 The contract management objective system must be established in management. Only when the management objectives are determined can the management be better carried out. In contract management, it is also necessary to determine clear management objectives, that is, the setting of expected results and final objectives. It can be consistent with or different from the goal of project management. It can be decomposed into investment objectives, schedule objectives, quality objectives, and can also be decomposed into management objectives at all stages. In short, municipal engineering contract management needs to set management objectives and should be implemented. In addition, an evaluation system of municipal engineering contract management should be established. Only in this way can contract managers be effectively urged to improve the contract management level, thus promoting the project management level to a higher level.
5 conclusion
As an important part of project management, contract management is an effective guarantee to serve project management and improve project management level. In the construction of municipal road projects, it is necessary to strengthen contract management and constantly improve the contract management level of municipal construction, so as to promote the progress and perfection of road construction projects and even the whole project construction under the market economy.
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