业主责任保函的设计

Design of Owner's Liability Guarantees

针对目前建筑市场中普遍存在的业主行为不规范问题,提出利用业主责任保函来规范业主行为。借鉴美国的"付款担保",提出业主责任保函针对解决工程款及农民工工资拖欠问题的设计特征;然后基于政府对业主公共责任的监管需求,并借鉴国外行政担保的经验,提出业主责任保函针对落实业主公共责任的设计特征;最后,对保函的具体内容进行设计,为今后保函的实施提供借鉴。

At present, the owners of irregularity are the main problem leading to so many chaoses in the construction market. compares the rule of liens between U.S. and China and take Payment Bond in U.S. as reference. Based on the research above, concludes the features using Owner's Liability Guarantees to address the payment arrears and arrears of wages for migrant workers. Second, combined with the request of supervision towards owner's public responsibility from government and the experience of related administrative guarantees, concludes the features using Owner's Liability Guarantees to regulate owner's public responsibility. Finally, makes a specific design for Owner's Liability Guarantees based on its features, which provides the reference for the practice in the coming future.