关于建筑工程质量责任立法的探讨

The Discussion about Enacting the Law about Quality Problems of Construction Projects

建设工程质量问题是目前社会所关注的焦点之一,但相关立法却存在许多缺憾。法律规范分散,缺乏系统性,且内容落后,过于粗略,不仅有基本概念混乱,甚至相互矛盾、重要规范尚且阙如的问题,还有过多依赖行政手段,轻视市场机制且偏重保护房地产经营者,质量责任不清,缺乏可操作性与力度的问题。制定统一的《建筑质量责任法》是司法实践的要求,也是建筑行业良性发展以及市场经济正常运转所必须的法治环境的要求。

The quality problems of construction projects have caused a lot of public concerns. However, the relevant regulations are not so satisfying. They are not only dispersive and short of systematic, but also quite outdated and rough in content. To be specialized, some concepts in such regulations are confusing and even contradictory. Additionally, relying too much on administrative measures rather than market system and emphasizing particularly on protecting construction operators are also apparent problems. Consequently, the quality responsibilities are not clear and almost all relevant regulations are lacking in feasibility and implement force. Nowadays, to enact a united ＂Constructions Quality Responsibilities Law＂ is not only the demand ofjudicatory practice but necessary for market economy developing well.