《建筑法》修订的思考——与韩国《建筑法》的比较研究

Thinking on the Revision of the Current Chinese Construction Law——A Comparison Between the Chinese Construction Law and the Korean Construction Law

中国建筑业现行的法律法规与经济法、工商管理法相交织,并不具有独立性.近年来,随着我国的城镇化进程加快,我国建筑业进入高速发展阶段,基本建设规模逐年增大.由于法律的滞后性,随着时间的发展,它的不适应性日益地明显,建筑业的监督管理、市场秩序、工程质量、安全生产等问题日益突出,对现行《建筑法》的修订成为必然.通过对韩国《建筑法》的借鉴,运用比较分析的方法找到中国《建筑法》所存在的问题,建议增减和修订《建筑法》条款,使中国《建筑法》能更好地加强对建筑活动的监督管理,保证建筑工程质量安全,促进建筑业健康发展.

The current Chinese Construction Law. interwoven with economic laws and business laws. is not independent. With the rapid progress of urbanization, the infrastructure scale increases year by year which leads the development of building industry into a new stage. Because of the hysteresis, the Construction Law obviously doesn＇t adapt to the development of the building industry and serious problems arose in many aspects of the Construction Law. such as supervisory management, market order, project quality and safety in production which should have developed along with the development of the building industry. So the revision of the Construction Law is necessary. With the aid of the Korean Construction Law. we have found out the existing problems in the Chinese Construction Law by means of cornparison and analysis and put forward some suggestions about the revision of some items of the Chinese Construction Law in order to strengthen the supervision and management of the building activities and guarantee the engineering quality and safety and promote a healthy development of the building industry.