Comparative study on legal system of building China

This paper introduces in detail the specific content USA building legal system, and with the China building legal system in detail, illustrates the China building legal system still has a big gap compared with America. Through this paper, we should find our shortcomings, we can learn the advanced system American, is to build the scientific construction of the legal system in China, is conducive to the development of China's construction industry, and is conducive to China's enterprises better in American construction market.

Key word.USA; building legal system overview; comparative study

A Comparing Study of Construction Law in China And America

ABSTRACT

This article introduces US'S construction law system content, and has made the detailed comparison in the concrete aspect with China's construction law system. Explained China's construction law system compares with US also has a bigger disparity. Elaborating through this article, we should discover our insufficiency, what is advantageous studies American to us the advanced system, is advantageous completes the science to our country the construction legal framework, is advantageous to our country architecture industry development, simultaneously is advantageous to our country enterprise entering the US construction market well

Key word: American; construction law system ; introduction; Compared with research

1 Introduction

1.1Characteristics and significance USA legal system building

American is a federal country, the legal system is also very special. The specially designed for a certain industry a market regulations rarely, basic rules of enterprise behavior in general are subject to comprehensive economic regulation. In the field of construction it has only a "America uniform building regulations" on the jurisdiction of the building construction, alteration, transfer, demolition, repair, protection and construction administration, building permits have specific provisions. In addition, USA no specialized management of the construction industry government departments, industry management mainly by the industry associations and societies, management technical specification they make, release and standards for the construction industry plays a very important role.

Through a comparative study America building legal system and China building legal system, insufficient to find our construction of legal system, learn the advanced system to improve China's legal system of construction, but also help Chinese enterprises better in American market.

1.2Research status of building the legal system between China and America

It is because of the legal system in our legal system construction and characteristics American we encounter are very different, so there are many scholars on the USA construction characteristics and building the legal system is studied and presented, providing us with an understanding of the America legal system building. In addition, there are many scholars put forward our country building the legal system of many defects and related suggestions.

Their research has:

The status and characteristics, American building a legal system. The specific content of America legal system building, features such as America construction management system, the bidding problem America construction bidding, supervision system America construction industry, construction project quality management, project USA safety management. In addition, many of USA construction industry characteristics and development status.

There are two buildings in our country, the legal system problems and countermeasures. China's construction of legal system in the western developed countries have a big gap, there are still many problems, also need to constantly improve. Only by solving these problems, can gradually build up building the legal system is relatively mature. There is now popular concern bidding, construction quality, construction safety and a series of problems.

Three, China Construction Industry and its laws and other special areas. These documents are usually based on a single building industry and legal system aspects. If the construction project bidding construction, construction project management, risk system construction aspect comparison etc..

1.3The research content and the lack of existing research

The above literature point of view, the author found that, so far there have been few overall on the construction of legal system of Sino US people to make the comparison research, this issue is a new topic. Introduction of the scholars or research are detailed, specific and highly technical, and few people make a general summary. So, I must solve this problem must reference the existing literature and summarize, inductive research methods review and comparison method, the legal system of construction of this outline, the comparative study.

2 American legal system construction review

USA construction industry and the automotive industry, iron and steel industry as one of the three pillars of the industry, play a decisive role in the national economy. USA as cradle of modern construction project management science, is the successful application of the model of modern construction project management mode, the mode of construction management also represents the mainstream of Western architecture management.

2.1In American Construction Law

USA building the legal system is also very special. In the field of architecture, American only a "American uniform building regulations" on the jurisdiction of the building construction, alteration, transfer, repair, protection and construction administrative building permit system have specific provisions. Of course, the national basic regulations are formulated by the state, is the parent method shall comply with the provisions of the construction industry. Construction related law mainly includes: Civil and commercial law, economic law and administrative law.

And construction related USA civil and commercial law is "unified business regulations", "contract restatement method", "company law", "partnership law", "bankruptcy law" and "commercial law" occupation.

And construction related American economic law is "law", "Bank Law", "accounting law", "labor law", "insurance law", "financial law", "trade", "the federal property and administrative service law", "the Federal Procurement Law", "law", "Trust Law Robinson Patman act", "Sherman", "the Federal Trade Commission Act".

USA administrative law and construction related to administrative regulations, administrative rules is divided into a variety of forms, generally divided into the rules of procedure, a substantive rule, interpretive rules three.

In addition, there are "residential law" "law" "the unified management of land policy management law" "soil protection law" "" "federal measurement of federal electric method" "law" "the federal federal pipeline fire law" "federal machinery method" "environmental protection law" "occupation safety and health regulations" etc. laws and regulations to adjust the construction industry and its related activities.

2.2Summary of construction management American

USA government believes in free competition principle of market economy, government intervention in economic activities is very few, the action more in order to regulate market behavior, safeguard fair competition. America no special management of the construction industry sector, the construction industry to other industries, mainly carries on through the comprehensive regulations and industry standards and norms, such as the provisions of company law, labor law, contract law and construction technology standards to the construction industry to the construction effect. Therefore, in America construction industry management, industry association and the association plays an important role, and the mutual restriction between the parties rely more on protocol.

Industry organizations USA belongs to civil in nature, although with the government departments are closely linked, but has always maintained a relatively independent. Effect of industry organization has been deep into all aspects of the construction industry, the status and role of industry organizations have become more and more prominent. Their effects can be summarized to ensure members rights to protect the interests of the industry, business information, communication, exchange experience, the development of industry standards, standard contract text, recognized professional qualification, maintenance of occupation moral, coordination of internal business, promote the development of the industry.^[1]Many industry organization industry management through the implementation of articles of association rules and norms to bear on industry activities or assist the government management functions. This can avoid the administrative intervention, and can make the member behavior conforms to the specification, which guarantees that the industry safety barrier the economic law science.

Indirect management of the construction industry America government is mainly done by the Ministry of commerce.^[2]American Commerce Department of economic management is basically not for industry, construction industry and other industries, has been in the market, mainly rely on market regulation. The task of the government is to standardize market behavior, of macroeconomic regulation and control, to create a good market environment. Similarly, America no specialized industrial policy, only to take a series of measures such as raising the indirect adjustment to the industry, market competition; support small and medium-sized construction enterprises, to give financial and technical assistance, especially to create the right to use construction of government investment to support small and medium-sized enterprise; to remove obstacles to the flow of production factors, leaving the other the industrial workforce provides architectural technology training, make it into the construction industry; price competition restrictions to prevent excessive competition, construction enterprises. In addition, the federal government has a USA and construction related departments -- Development Department of the city, its mission is to American citizens (mostly low-income families) provide appropriate security, health, housing and living environment. In addition, there are related with the construction administrative department in each state, the city USA.^[3]

3 building permits

3.1America permit system of Architecture

Licensing 3.1.1 qualification

Licensing 3.1.1.1 construction practitioners

Licensing America practitioner qualification mainly is carries on the control of construction practitioners qualification, therefore, to see a practitioner qualification requirements more stringent. The general is stipulated by state laws and regulations, some with special certificate system, some use simple registration system, some is completely unified management by administrative organs. Construction qualification certificate including architects, engineers, cost engineers, supervision engineers must have local registered occupation qualification certificate.

1) architects system (taking New York as an example). New York Architect Registration Examination and approval and management by the Council, the Education Bureau and the building committee. Eligibility to apply for. Bachelor degree or above in architecture aspects; Building Committee recognized the construction practice; examination qualified by Education Bureau special rules; age 21 years old of above, have good moral character education bureau recognized.