工程总承包模式的几个法律问题探讨

Discussion on Several Legal Issues of the General Contracting Model of Engineering

自1984年工程总承包模式从国外引入30余年,工程总承包模式已渐趋成熟,随着2017年国务院明确要求建筑业加快推行工程总承包模式,铁路建设项目已开始试点,但目前国内很多企业在实施工程总承包模式以来屡屡遇到法律障碍。从法律实务角度,分析工程总承包模式遇到的法律瓶颈和解决思路,以期引起政策制定部门的关注,解决工程总承包法律法规问题,推动工程总承包模式在我国建设工程领域的快速发展。

Since the general contracting model of engineering was introduced from abroad in 1984 for more than 30 years, the general contracting model of engineering has gradually become matured. With the State Council＇s clear requirement in 2017 for the construction industry to speed up the implementation of the general contracting model of engineering, the railway construction project has begun piloting, but many domestic enterprises have encountered legal obstacles repeatedly in the implementation of the general contracting model of engineering. From the perspective of legal practice, this article comprehensively analyzes the legal bottlenecks and solutions of the general contracting model of engineering, in order to arouse the attention of the policy-making departments, solve the problems of the laws and regulations of the general contracting of engineering, and promote the rapid development of the general contracting model in the field of construction in China.