【作者】 李健；

【导师】 杜莉；

【作者基本信息】 吉林大学 ， 法经济学， 2009， 博士

【摘要】 贯彻落实科学发展观和努力建设和谐社会,缓解我国面临的资源不足的矛盾和影响社会和谐的社会矛盾,是我国建筑业未来发展的基本政策环境。建筑业已成为我国的重要支柱产业之一,为解决农村剩余劳动力转移问题、促进农村产业结构调整、实现城乡统筹发展做出了重要贡献。据住房和城乡建设部统计,2008年建筑业完成总产值61144亿元,实现增加值17071亿元,占GDP的5.68%;实现利润1756亿元,上缴税金2058亿元;截止2008年底,建筑业企业从业人数已达3253万人,建筑业企业数量达到64152家。但现阶段的我国建筑业还存在经济转轨时期的明显特征,如信息偏差、不完全竞争、政府寻租、行政垄断、市场失灵等,在某些领域和环节甚至存在自然垄断。过去,政府规制的主要对象是自然垄断产业,对建筑业的这种既有垄断属性又有自由竞争属性的产业,有必要借鉴政府规制相关理论实践和已有的研究成果,对其进行深入细致研究和探讨,从而为中国建筑业改革中的政府规制实践提供理论上的指导和参考。本文对法经济学研究的空白——建筑业政府规制进行经济学分析。运用政府规制的基本理论,即公共利益规制理论、规制俘获理论、激励性理论、放松规制理论,针对我国建筑业政府规制激励不足或约束不够等种种现象按照经济性政府规制和社会性政府规制作了全面、系统梳理和研究,建立了三种分析模型,综合运用比较、博弈、实证分析等方法,分别对美国、英国、法国、德国等西方发达国家建筑业政府规制进行了详尽的考察,力图分析我国建筑业政府规制中的成功之处和存在的问题,进而探索出一条符合我国国情的建筑业改革与发展之路。更多还原

【Abstract】 From 1978 to 2008, during this golden period that Chinese construction industry has experienced unbelievable transformations in terms of management system, operation mechanism, industry function as well as industry status quo. Construction industry has become one of the pillar industries of China. The staff number reaching 32,530,000, it has also been regarded as one of the industries with the largest employment. However, the economic transformation period is characterized with some blatant problems, such as impartial information, incomplete competition, government seeking rents, administrative monopoly, market disfunction etc, which can all find their expressions in the present construction industry. Until now , there has appeared a lot of imperfections concerning the research of governmental regulations of construction industry conducted by the domestic theoretic circle, and there has been no comprehensive and sound explanations for those problems mentioned above, so fewer theoretic research of government regulative system making has been launched.From the“narrow sense of construction industry”, based on the economic government regulations of construction industry and its social government regulations, focusing on the analysis of the interests mechanism of the government regulations reform, adopting the foreign government regulations patterns of construction industry, combining the status quo of Chinese economic and social development,this thesis is set to offer the theoretic guide and reference for the practice of government regulations merged in the Chinese construction reforming processGovernment regulations of construction industry bears a close relation with consumers, producers and governmentsupervision department. There are instric interest conflicts and controversies as well as contradictions, and theoretically the government regulative unit should be fair and square as the third party. However, within the framework of present law and regulations, formal regulations has inadequate encouragement, guide and constraints for the above three parties, while the informal regulations have been playing a main role. Concerning the problems of inadequate incentiveness or constraints of government regulations of Chinese contruction industry, by adopting the basic theory of government regulation——the public interest regulation theory, regulative capture theory, incentive theory, theory of Deregulation,this thesis has made a comprehensive and clear system in accordance with the economic government regulations and social government regulations. With the analytic model of the pillar-like construction industry, the analysis of construction units’pricing competition, the game theory analytic model of the supervision of construction industry, this thesis has also given detailed descriptions of the government regulations of the construction industry in the western developed countries like America, UK, France, Germany, Japan etc. In order to give a scientific analysis of the status quo of the construction industry, this thesis is trying to cut out a right way in line with the reform and development of Chinese present construction industry. The basic conclusions are drawn as follows.ⅠBuild up a complete regulative system, and deepen the system reforming. First of all, current rules inconsistent with the international norms and regulations should be cleared away as soon as possible.Any violation of rules and norms of international unification as well as our country’s commitments should be repealed or amended; relevant laws and regulations which are not established should be formulated as well. Secondly, to speed up the research and formulation of the housing construction of our country, legalize the mandatory provisions of project construction. Thirdly, attention should be paid to the uniformity of Central and local Legislative Councils . rules and regulations should be standardized in accordance with international rules and national legislation. Finally, the construction standard system should be established, construction standards of the mandatory provisions should be oriented to the technical regulations.ⅡSpeed up the management system reforming process ofconstruction industry. First of all, standardize the administrative actions, improve the awareness of administration in accordance with the law, and regulate the power of administration to avoid the subjectivity and arbitrariness of the Government Administration. Secondly, transform the government functions and strengthen the planning of the construction industry development as well as the research of the industrial policy, and establish a sound construction project management system conforming to the market economy. Thirdly, set up a competitive and orderly construction market system.Not only the industry concentration or the moderate degree of industry monopoly should be improved, but also a unified, open, competitive and orderly modern market system should be set up in order to give the market more play in resource allocation, and to create good conditions for the development of consruction industryⅢPerfect the economic government regulations. First of all, build up a strict regulation of market entrance and exit.Set up the market exit system, reducing the enterprise exiting barriers. Secondly, improve the construction bidding and tendering management system. Promote and regulate the bidding process, strengthen the standardization of bidding documents and contract, use internationally accepted methods of bidding, and adjust the scope of mandatory bidding. Thirdly, set up scientific and reasonable mechanism forconstruction pricing. The existing administrative-area centered pricing management systemshould be reformed, and marketize the project price, and the cost of the project should be clearly explained, and the network offering the construction project pricing information should be accelerated.Finally, standardize the permit system for the construction industry, Integrate information system to improve enterprise quality , accelerate the business of e-government platform construction quality, perfect management system of internet claiming approval, clean-up and standardize the existing administrative examination and approval processing, and reduce the administrative level. Continue to revise and improve the business quality standards, improve the individual licensing system, and promote the implementation of the individual licensing quality registration system.ⅣStrengthen the social government regulation.First of all, a sound quality assurance system for construction projects should be set up. Secondly, improve the construction safety management and supervision mechanism. Thirdly, a sound mechanism for energy saving and environmental protection should be built up. Fourth, improve the credit system of construction industry. Fifth, further improve the protection system for construction workers. Sixth, improve the public service system of construction industry.更多还原