Abstract:Abstract:Research purposes: Under the background of revocation of Ministry of Railways and seperation of government from enterprises, status and adjustment solution on railway construction law and regulations system will be discussed. Thus some suggestions will be pointed about how to build the new law and regulations system under new situation.
Research conclusions:(1) The first and second level of law and regulations do not need to be adjusted, but the left normative documents which were issued by the Pre-ministry of Railways should be adjusted. (2) Up to March 2013, there are 112 valid normative documents. If divided as functional principle, 23 files can be classified as governmental function, 62 files can be classified as business function, and 27 files can be classified as bit of both function. (3) All the valid documents should be separated as the function type. China Railway Corporation can build the internal construction management files system for business function, and National Railway Administration can build the new law and regulation system for governmental function.(4)National Railway Administration should take construction standard and cost standard into the law and regulations system, and focus on its lawful duties, such as quality, safety, bid and bidding, and other market management functions. At the same time, continuity and applicability request should be considered as well. (5)The research result can be applied in construction management field and can be reference for law and regulations system adjustment of National Railway Administration.
王淑雨 王莹莹. 转型期铁路建设行业法规体系研究[J]. 铁道工程学报, 2015, 32(3): 96-.
WANG Shu-yu, WANG Ying-ying. Research on Law and Regulations System of Railway Construction Industry under New Situation. 铁道工程学报, 2015, 32(3): 96-.
[1]贾颜如. 工程建设法规(第1版)[M]. 兰州:兰州大学出版社,2013.
Jia Yanru. Construction Law and Regulations(1st Edition)[M]. Lanzhou:Lanzhou University Press, 2013.
[2]国函〔2013〕47号,国务院关于组建中国铁路总公司有关问题的批复[S].
Official Letter of State Government No.47,Official Approval about Organization of China Railway Corporation by State Government [S].
[3]安国栋. 立足科学发展,坚持依法建设,不断完善新时期铁路工程建设规章制度体系[J]. 中国铁路,2007(5):25-28.
An Guodong. Perfecting Law and Regulations System of Railway Construction Projects Based on Scientific Development and Law Consciousness[J]. Chinese Railways,2007(5):25-28.
[4]国发〔2013〕33 号,国务院关于改革铁路投融资体制加快推进铁路建设的意见[S].
Letter of State Government Office No.33, Instructions of Reforming Financing and Investing Mechanism to Carry Forward the Railway Construction Speed[S].
[5]国办发〔2013〕21号,国务院办公厅关于印发国家铁路局主要责内设机构和人员编制规定的通知[S].
Letter of State Government Office No.21,Notice about Main Responsibility, Departments Setting and Staff Level of National Railway Administration of the P.R.C.[S].
[6]住房和城乡建设部标准定额司. 中国工程建设标准化发展研究报告(2008)[M]. 北京:中国建筑工业出版社,2009.
Standard and Quota Department Ministry of Housing and Urban-Rural Development of P.R.C. Research and Development Report of China Construction Standardization[M]. Beijing:China Architecture & Building Press,2009.