A Study Of Criminal Law Regulating Constructional Engineering Quality

The legislation and implement of《Law of the People's Republic of China on Bid Invitation and Bidding》is a necessity of the fast development of economy. It is also a crucial task of legislation construction according to our stratagem of legally managing state. The implement of Law on Bid Invitation and Bidding regulates the commercial actions in construction projects, freights and services within the confine of Law. The quality and investment benefit are also improved. The relevant economic crimes are effectively avoided. However, our country is still in the primary stage of socialism,changing our economic model from the socialism planned economy to socialism market economy. There are restrictions on many fields, such as social environment, history condition, legislation, and the law support. Some of the problems are caused by the condition restriction when the law are legislated while some are because of the development after the legislation and the maladjustment of development caused by the change of the social environment. In detail, there are reasons like the contradiction between the legislation and the judicature explanation and the problems in management. According to the author's analysis on practice in many years, the fast development leads to the form of buyer's market and the diversity of substances quality variety. The management problems and the crimes caused by vague price of materials tend to be the core impediments. All problems will be solved if we renew the items in the Law, which nail down the prices, and emphasize the principle status and responsibility of the bid inviting party. This paper analyzes the actual of related problems in bid invitation and bidding and provides some answering actions as well as the economic and social value of the actions. The paper consists of three parts:The first part analyzes the primary situation of the construction project material brands price and the answering measures including seven contents. First, I analyze the managing capability of both sides in the bidding preparing stage and illustrate the properties of both sides. Secondly, I pint out the conflicts and problems in bidding invitation and bidding comment. Thirdly, aiming at the construction problems after winning the bidding, I analyze managing characteristics of both parties and the main conflicts and the reasons in material stoking. Fourthly, I put forward the answering measures for project material stocking: according to the lag of legislation, I introduced some measures can be taken by the bid inviting party in order to improve the construction quality and increase the investment benefit. The definitude of prices in law items is suggested. Fifthly, explicit responsibilities and obligations of both sides as well as the responsibilities and obligations of government supervisors and price department must be included in the Law. Sixthly, some other problems are discussed such as the problems in bid invitation and bidding and the causes. The countermeasures are also considered. Seventhly, the trend analysis and prevention of economic crimes in this field must be explicitly stated in Law items.The second part is to nail down the economic analysis of material brands prices in Law items. Two points are illustrated: First, the economic value of the definite material brands prices lies in the facilitation of stocking management, the increase of government investment benefit, the management technical innovation and improvement of management and technology. Secondly, appropriate optimization of construction cost system will be furthered. The significance of definitude of material brands prices in rational cost optimization are stated by analyzing the material variety and the great retractility of product quality and price. By showing the phenomena that the practical management fee and manual work fee while the ration management fee and manual work fee are adjusting slowly, the average profits decrease, I illuminate the importance of optimization of construction cost system. Thirdly, it is propitious to set the producing guidance, boost the corporation to provide high-quality products. Fourthly, it is good for setting the spirit of honest and creating a just market environment.The third part emphasizes the enrichment of Law of Bid Invitation and Bidding and the criminal law protection of construction field. It is narrated from three pints: the law faultiness accounts for the economic crimes in construction field; the enrichment of Law favors the enforcement of the criminal law protection of construction field; the prosperity of market economy relies on the law justice. Therefore, the stipulation must be explicit during the course of law legislating and executing. Prevent the economic crimes from happening by amending the managing flaw and unfurling the details of bidding to the public.