论文部分内容阅读
现阶段,国有工程业主代表与建设监理人的地位并不是平等的。社会责任与契约责任的偏离客观上造成监理人权利与责任的失衡,建设监理人存在丧失独立工作的可能。而监理人声誉机制与申述机制的缺乏会将建设监理人独立判断与决策受到国有建设业主代表的不规范行为干预的可能变为现实。平衡建设监理人权利与责任,促进监理行业协会的建设,强化建设监理人自身素质是提高监理人独立性的有效途径。因此,从制度层面理顺监理人权利与责任的关系,保证监理人正当行驶权利,对于促进建设监理人的权利与义务的平衡,对于遏制国有建设业主代表的机会主义行为,摆脱国有建设业主代表对工程建设的非法干预,乃至提高国有建设工程效果具有重要的意义。
At this stage, the status of the owners of state-owned projects and construction supervision is not equal. The deviation of social responsibility and contractual obligation objectively results in the imbalance of supervisor’s rights and responsibilities, and the construction supervisor has the possibility of losing independent work. However, the lack of supervisor reputation mechanism and representation mechanism will make it possible for the construction supervisor to independently judge and make decisions by the non-standard behavior representatives of the owners of state-owned construction. It is an effective way to balance the rights and responsibilities of construction supervisors, promote the construction of supervision trade associations, and strengthen their own quality of construction supervisors is to improve the independence of supervisors. Therefore, from the institutional level to supervise the relationship between the rights and responsibilities of supervisors, to ensure the proper driving rights of supervisors, to promote the construction of supervision of the rights and obligations of the balance, to curb the opportunist behavior of the owners of state-owned construction representatives, get rid of state-owned construction representatives It is of great significance to illegally intervene in project construction and even to enhance the effectiveness of state-owned construction projects.