Analysis of housing construction quality and safety problems of legal

Abstract: Housing construction quality and safety issues are closely linked with the interests of buyers, housing quality and safety hazard issue after another, the loss of benefits to the people, and also so that the government lost its authority and credibility. "House crunchy" from Shanghai and Jiaxing Floor , YY "start, event review and analysis of the legal issues involved in construction law and social point of view, the emergence of the concrete building quality and safety problems analyzed, and finally come up with strategies and vision for the future, to this problem in China can be a good solution.

Keywords: Shanghai "Building crunchy, Jiaxing floor YY", building problems, legal analysis, important channels for relief and Prospects, livelihood issues of utmost concern, all over the country and Jiaxing "two sessions" were established as re-housing construction quality and safety problems with the interests of the citizens is about little more, a large number of hidden endless, and gradually was exaggerated trends. Shanghai Building crunchy ", Jiaxing floor YY" worst the citizens housing security nick precarious .

, Shanghai House crunchy "Jiaxing" Building Wai Wai "[1]

June 27, 2009, a 13-storey residential building under construction even still sleep after midnight when most of the people of Shanghai, who lives in Minhang District, Shanghai Lianhua South Road, Luo Yang Road, nearby residents were "boom" of loud noise awakened root "lie down" words here, and the danger is much more than that on May 11 this year, there have been reports Xiuzhou Xincheng luxury real estate - Nanyang Garden, Building 17, building delivered at only three months the house has been an overall southward tilt of about 10 cm, has caused a great deal of inconvenience and fear for the lives of the residents, the road must be taken to solve building problems?
Event Review [2] with the legal analysis of talking about this, let's look at these incidents behind shady.
For Shanghai Building crunchy "event, the flourishing of a variety of claims." Cut corners, "said the foundation is not strong", "riverside high-rise buildings should not say" the flood wall impact that numerous people, but called it a kinds of wonders, and made its mysterious Xuanhu. from the site you can see the whole of the building toward the south side of the fallen, the overall framework of the building is actually no significant deformation, even window glass broken, lying quietly on the site is like a lying unconscious giant on a 13-storey building, the most unlikely man to see is one side of the foundation, but the building down cover, he just completely expose the foundations of the building to the people of the world extraordinary things there must be very due miracle show precisely might be the ugliest of things.

"Tofu buildings" collapsed, along with it with fallen Professional Responsibility of the Chinese property market, security, quality and moral conscience. Really hoping to hear a cry of the real estate sector, in tonight if people of conscience, you supposed to cry, if you have a little love of their occupation, you should cry, if you can fully understand the the housing feelings of the common people, you're supposed to cry ...

Let's take a look at this piece of land on our own growth, is the scene of how the scene. The Xiuzhou "floor YY" event has been filling the ugly. Zhejiang Province Quality Inspection Station of Construction Engineering Limited test results: 17 Building north side of the pile compressive strength significantly higher than the south side, eventually leading to the southward tilt of the building, this phenomenon is due to the pile foundation cut corners caused by design standards, pile 8.0 m deep, and sampling to staff Building 17, the north side of the pile length between 3.6 to 7.9 meters, the south side of the pile in between 5.7 to 7.7 meters long.

Housing problem involving multiple disciplines department << Construction Law >>, "product quality and safety law >> << Tort Liability Act >> involve both << Constitution >> residency rights of citizens and the state policies on people's livelihood and Huimin engineering. following look at the relevant laws and regulations involving:
Under the Construction Law "Article 60 provides: buildings within a reasonable service life, must ensure that the foundation and other infrastructure projects and the quality of the main structure. Completion of the construction, the roofs and walls may be left to the leakage, cracking and other defects, quality defects have been found, the construction enterprises shall repair. << Construction Law >> Article 62: construction warranty of quality system warranties on construction projects range should include the foundation works, the main structural engineering, roofing and other building projects, and electrical lines down the water pipeline installation engineering, heating, cooling and system engineering projects, the warranty period shall determined in accordance with the principle of ensuring the normal use of a reasonable service life time of the buildings, and safeguard the legitimate rights and interests of users. << Construction Law >> Article 63: Any unit or individual accident construction quality, quality defects are entitled to construction administrative departments or other relevant departments to report on complaints, complaints. seen builders to blame.

"Tort Liability Act >> [3] Article 86 provides: buildings, structures or other facilities collapsed causing damage to others, by the construction unit and construction unit jointly and severally liable construction unit, construction unit compensation, other responsible person, shall be entitled to recover the same from the other persons responsible. << Tort Liability Act >>: buildings, structures or other facilities and their object placed or hung on a structure off fall causing harm to another, all of the eighty-fifth managers or not prove that he is not at fault, should bear tort liability. owners, managers or people compensation, other responsible person, shall be entitled to recover the same from the other persons responsible. "House crunchy in Shanghai case, the responsibility of the construction unit and construction unit should not shirk Links to free papers Download Center http://eng.hi138.com
under the Contract Law >> [4] Article 111 of the regulations : Quality does not comply with the contract shall, in accordance with the agreement between the parties liable for breach of no liability for breach of the contract or agreement is not clear, the aggrieved party can not be determined in accordance with the provisions of Article 61 of this Law, according to the nature of the subject matter as well as the loss of the size, can reasonably ask to undertake the repair, replacement, redoing, return, reduce the price or remuneration, such as liability for breach of Article 112: If a party fails to fulfill its contractual obligations or to fulfill contractual obligations does not comply with the contract, in the performance of obligations or take remedial measures, the other side there are other losses, should compensate for the losses. Article 113: If a party fails to fulfill its contractual obligations or to fulfill contractual obligations to comply with the contract, the losses caused to the other party, the amount of compensation for losses should be fairly loss resulting from the breach, including the benefits can be obtained in the performance of the contract, but shall not exceed the breach of contract when a party to enter into a contract to possible losses due to breach of contract foresaw or should have foreseen the housing behind the problem also involves large string of contract, breach of contract responsibility matters of dispute involving >> << Consumer Protection Law.

Practical problems specific analysis of the building quality problems not only simple, it comes to the legal aspects of tort liability, breach of contract, housing quality, citizens residency return to their roots traceable have to start from the Construction Law, Construction Law and social point of According to the survey, 83% of people believe that the construction quality because housing construction and renovation, while 17% of people believe that government oversight. study the fundamental reason for building quality and safety problems not just more than two points, analyze the reasons summarized as follows:
1, the buildings are poorly designed. Housing construction quality and safety problems exist with the design of the house has a great relationship, the design of the building for a house as strong stability can not be ignored. Give you an example, the design of the roof waterproofing will find local flashings eaves height is not enough; free drainage on the roof, eaves Ministry for Tin Pan water eaves, and coil popped cornice edge addition selection of hollow floor kitchen and bathroom design, and is not waterproof layer, through the floor and down the water pipe without casing above these leaks are hidden.

2, building materials and improper selection of building materials constitute the houses of the most important things, such as the choice of waterproofing works asphalt varieties, chosen for the quality and variety of the linoleum, precast floor pouring gravel particle size, plastering sand containing control of the amount of mud, wood windows and doors the choice of wood species, are decisive influence on the quality of the project.

3 construction site supervision is not enough construction site supervision behavior is not in place is another reason that caused quality problems. Beyond qualified to undertake the supervision of the business the individual supervision units in order to seek economic benefits, the project supervision agency personnel qualifications, equipped not meet the requirements, there are supervisory personnel undocumented phenomenon of induction, site supervision and quality control system is not perfect.

The above three small dots are starting from home builders to analyze the reasons for quality problems, this is also the main reason housing quality problems from other aspects we think there are the following two points:
1, the supervision of the relevant government departments are not in place, the Ministry of Housing and Urban Guo Yunchong, Vice Minister pointed out that some places government regulation is not in place, because the final checks necessary to the government to guard the pass, government supervision and management, enterprise management, personnel the quality management, project management, government final checks. "we view (CCTV12 << >> two sessions, special programs" I suggest >> [5] seen one of the reasons for the government's ineffective supervision of housing quality problems.

2, the supervision of the people, the awareness of the law is not strong on the surface, housing quality problems and the emergence of security risks and there is no causal relationship between the citizens, they are often victims and how to cause the housing quality problems? Careful analysis can be drawn: a considerable number of people neglect this issue also contributed to the arrogance of the illegal construction of unscrupulous developers.

, Strategy and outlook

1, and enhance awareness of the rights of citizens. << Real estate sales management approach >> Article 35: commercial housing delivery, the buyer that the main structure of substandard quality, commissioned works in accordance with the relevant provisions of the quality inspection agencies to re-verification. verification, indeed the main structure of substandard quality, the buyer is entitled to check-out, resulting in losses to the buyer, the real estate development enterprises shall be liable for compensation. departure of the terms from the buyer's point of view, to the buyer interest-based to protect their interests from a legal point of view, the law gives some support of the broad masses of the people and provide a legal basis for them defenders.

Improve legislation to further regulate the construction unit, construction unit behavior and strengthen their awareness of the law. From the point of view of each case, the responsibility of the construction unit is not shirk, it is their improper behavior that makes the existence of hidden dangers, and even accidents. << Architectural Quality Management Ordinance Chapter, the provisions of sections 25-33 the responsibilities and obligations of the quality of the construction unit and relevant administrative departments they regulatory, quality of housing problem persists. fulfill its obligations as they did not in strict accordance with the law, it is necessary to enhance their awareness of the law.

3, to strengthen the regulatory role of the government departments. Residential construction quality, relationship to the vital interests of the masses of the people and life and property safety, relationship to live in the home, live in peace and the effective implementation of the policy. "National People's Congress and Chinese People's Political Consultative Conference "livelihood issues have repeatedly mentioned, is also the focus of community discussion. Therefore, the Government should step up publicity efforts, the introduction of specific policies to improve the quality of housing safety vigilance.

Strengthen the supervisory role of the community. Sunshine is the best preservative that some people do not believe that the law, which will put any of some people know to pick up the legal weapons to protect their own interests, but did not stick down, so we must have not only the awareness of the law to protect their own interests but also the courage to insist on the fight against the violations.

V. Conclusion Throughout Right now, the quality of housing safety problem is clearly widespread, also a lot of the provisions of the law on this issue, the relevant departments of the party and the government are quite concerned about this issue, we believe that the continuous efforts by all parties, this will be able to solve the problem. every one of us to live in a society, we all should be a force to solve, in particular, is a hot issue for social problems, especially close to the problems of their own lives, the vital interests of the issues behind problem, we must never go uncovered to explore as a legal professional students is this general obligation, legal expertise to solve the problem for the community to offer a little of their own force.

References:

1, Professor Liang: >> << Civil Law, Law Press, 2001.
2, Wang Liming: << Contract Law >>, Renmin University of China Press, June 2009 third edition.
3, Zhang Xinbao: "Tort Liability Act >>, Renmin University of China Press, July 2010 second edition.
4 meters Kin: << >> modern tort law attributable to explore set out << Study of Law, 1985 5.
5, the Supreme Court's interpretation of case law applicable to a number of issues on the trial of the real estate sales contracts disputes.

[1] (Shanghai "floor back down" after a construction miracle: Chengdu is "floor YY"

[2] http://v.youku.com/v_show/id_XMjYxMzEyNTMy.html (the Jiaxing floor YY Events News reported video
[3] meters Kin: << On the principle of attribution of modern tort law - An Answer to Mr. Zhang Peilin >> upload << Political Forum >> 1991 2.

[4] Cui far:] contractual obligations Study, Jilin University Press, 1992.
[5] (CCTV12 << view >> two sessions, special events posted in the free papers Download Center http://eng.hi138.com

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