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自《建设工程安全生产管理条例》(以下简称《条例》)实施以来,《条例》赋予工程监理单位和工程监理人员的安全生产管理这一法定职责就饱受业内人士与工程学界的质疑与诟病,并强烈呼吁国家立法机关予以修改或撤销。在异议者看来,《条例》不仅违反了其上位法,而且安全生产管理之职责亦超出了建设工程监理的职权范
Since the implementation of the “Regulations on Safety Production Management of Construction Projects” (hereinafter referred to as the “Regulations”), the statutory duty conferred by the Regulations on the safety management of project supervision units and project supervision personnel has been questioned and criticized by the people in the industry and the engineering community And strongly urged the national legislature to amend it or withdraw it. In the opinion of the dissenters, the “Regulations” not only violated its supervisory law, but also the duties of production safety management exceeded the powers of supervision of construction projects