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工程款拖欠而引发的业主信用风险,是困扰众多承包商的难题,也是引发其他工程问题 的症结之一,这一问题已引起了政府主管部门及国务院的高度重视。建设部建筑市场管 理司已就强制推行业主工程款支付担保制度专门成立课题组,组织业内有关人士展开调 研和探讨。本文作者为课题组成员之一,拟从法律的视角对强制推行业主工程款支付的 合法性及相关制度设计进行探讨。
The credit risk of the owners caused by the payment of construction loans is one of the cruxes that plagued many contractors and one of the causes of other engineering problems. This issue has drawn great attention from the government authorities and the State Council. Construction Department of the Ministry of Construction Management Division has forced the owners to pay the project payment guarantee system set up a special task force to organize the industry to conduct research and discussion. The author of this paper is one of the members of the research group, and it is proposed to discuss the legality of the mandatory payment of project owners’ funds and the design of related systems from the legal perspective.