工程合同实务问答（第二版） 电子书 mobi pdf txt word 2024 下载

《工程合同实务问答》一书自2007年出版以来，受到读者的广泛关注与欢迎，多次加印并均已售罄。本次再版，朱树英等编者们对原书进行了全面的审读和梳理，修正了原版中的少量文字错误，并根据原版出版以来相关法律文件的变化情况，更新个别已有变化的新条文。“热点专论”部分新增8篇*论文。并在附录中加收了《合同法》中关于工程合同的相关条文。

本书以建设工程施工合同司法解释为核心，对建设工程合同相关的实务问题进行了深入的分析和解答。

上篇  司法解释操作指南

中篇  实务问答

  部分  合同的效力

  第二部分  合同的解除权

  第三部分  工程质量问题

  第四部分  工程期限

  第五部分  工程结算标准和工程量的确定

  第六部分  程序问题的确定

  第七部分  生效时间

  第八部分  其他问题

下篇  热点专论

附录

    朱树英律师，男，生于1949年，上海市建纬律师事务所主任、合伙人，本科毕业于华东政法学院。现任上海市第十届政协常务委员，上海市第四至第七届律师协会理事、常务理事，中华全国律师协会民事业务委员会主任暨建筑房地产论坛组织委员会主任，上海市律师协会建筑房地产业务研究会主任，上海、北京、厦门、武汉、台州、苏州、常州七城市仲裁委员会仲裁员以及中国国际经济贸易仲裁委员会建设专业仲裁员，上海对外贸易学院、清华大学、重庆大学法学客座教授。

    朱树英律师曾在大型建筑施工企业工作过28年，他从事律师工作近20年来承办过近千件有关建筑、房地产领域的非诉讼和诉讼案件，擅长解决在专业领域中的疑难案件，其中多为行业内有重大影响的案件。他在非诉讼领域首创的全过程和阶段过程服务模式，为拓展中国律师在建筑房地产领域的服务广度和深度作出了显著贡献。

    朱树英律师注重理论和实践相结合的研究，勤于思考，先后有100多篇论文在国内外专题会议及有关媒体发表，有多篇论文获奖。朱树英律师将其多年的实践积累毫无保留地奉献出来，本社先后出版了朱树英的专著《建设工程法律实务》、《房地产开发法律实务》。这两本专著深得广大读者的好评，被称为律师从事建筑房地产专业法律服务的书。

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• 作者： 迦叶菩提_VV 发布时间：2019-09-30 17:54:05

  实话说，读不下去，没意思。

• 作者： 行摄匆匆 发布时间：2016-11-24 22:06:58

  太搞笑了，对于如今网络上的光怪陆离的各种审丑现象给予了辛辣的讽刺和调侃！

• 作者： 孤灯渡漠 发布时间：2009-11-18 14:23:02

  一部很正的书

• 作者： 周小獣 发布时间：2023-10-26 13:00:16

  朋友送我的，说是美食宝典。我严重怀疑他一次都没有翻阅过此书，这种东西也能叫书？我甚至觉得我它都不具备出版的资格！

• 作者： Liz丽兹 发布时间：2024-04-22 13:46:40

  很好，推荐

• 作者： 。琳小战士 发布时间：2011-12-26 14:01:51

  汪希眠儿子吸毒后恍如隔世的幸福，妓女被庄之蝶赶走后的恸哭，老牛睿智的自白，破烂老头富有哲思的吟唱，作者仿佛要在种种糜烂的细节中勾勒出希望。但是希望总是如此的渺茫——汪子的幸福是虚幻的，妓女的子宫业已糜烂，老牛命运操控在屠夫手里，破烂老头无非是在权力夹缝挣扎。中华文明的探索，就如同庄之蝶的命运，漂若浮萍，悠忽不定。也随着那南下的火车不知道要驶向那里去。 ——摘自豆瓣书评

• 一本方便待查的工具书

  作者：ad_290 发布时间：2021-11-19 22:33:49

  顾涛作为南大的本硕博，进清华做博后，而留下来，走的无疑是彭林的路子……但是问题有以下几个方面：

  第一：开篇首页“行年四十，于清华园，念寅恪”，请问陈先生是你的学生吗？你做为一个搞礼制的人，不会不懂对人礼貌的称呼吧，你一个小辈，有什么资格直呼陈先生大名？而且你跟他没有一丝一毫的学缘。序言就是又发表的几篇论文凑起来修改而成，里面有关陈先生的内容，根本与主题无关，拉上陈先生的名讳，无疑有扯虎皮的嫌疑。

  第二：作者你说里面有很多很多前沿性的礼制史课题，而且在序言背后扯上欧阳修的“礼乐虚名化”，要冲破它。请问作者你冲破了吗？你里面的内容无非就算抄书，抄各种正史典籍，有何突破可言？你的冲破何在？

  第三：作者书中的内容有很多错误，例如在隋唐部分，有关建“孔子庙”，一会儿说它的嘉礼，一会儿说是吉礼，前后页码所隔不过一两页，便有如此的不同。请问作者你自己到底搞清楚了没有？

  总而言之，这部书就是典型的“说得多，做得少”“扯虎皮”的著作，它唯一的价值在于提供人们查询礼制的记载，但是在使用时，也要注意作者归类的错误。本想着负分滚粗，想到以后还能用于查阅，勉强给两分！

• To be sensible Or To be sensitive

  作者：蒜子 发布时间：2013-11-10 13:29:42

  It is a truth universally acknowledged ,that anyone existing in the world will be caught in an ineluctable dilemma, where you hesitate in the face of sense and sensibility. Actually, whenever l meets such crossroads, l naturally think of Jane Austen, an outstanding writer of British, whose masterpieces partake of the aesthetic cross-currents ahead of her time. As she created Elinor and Marianne, she might have never regarded them prominent and imperishable. However, the characters of these two sisters have made a glorious impression on generations after generations; their ineffable mental world has become an inexhaustible resource to lead us from intersections.

  The story mainly concerns two sisters, Elinor and Marianne Dashwood. Along with their mother and younger sister Margaret, they are left impoverished after the death of their father, and the family is forced to move to a country cottage offered by a generous relative. Elinor privately forms an attachment to the gentle and courteous Edward Ferrars, unaware that he is already secretly engaged. After their move, Marianne meets Willoughby, a dashing young man who leads her into undisciplined behavior, so that she ignores the faithful but mature Colonel Brandon. The contrast between two sisters' characters is eventually resolved as both find out their Mr. Right and everlasting idyll.

  Elinor, the eldest daughter, whose advice is so effectual, possesses a strength of understanding, and coolness of judgment, which qualifies her, though only nineteen, to be very mature for her age. When her father died, she behaves really like a true woman, swallow tears inside, losing girlish temper, but carry on the burden of life and strive to rouse her mother to similar forbearance. Luckily she meets Edward, a sensible man with integrity and delicacy. But she still exerts her affection and stays imperturbable, though Marianne bursts forth with indignation:” Esteem him! Like him! Cold-hearted Elinor!” After their moving home, Marianne falls in love with Willoughby. Among all their surrounding acquaintance, Elinor is the only sightful person to impugn his integrity, and to doubt whether they have got engaged even when no one suspects it. After knowing Willoughby’s innermost ethos, she thinks it time and again, and overdoes comforting her pure sister. Subsequently life gives her another horrific pang — her admiring Edward has engaged secretly. It seems nothing can save her sinking heart now. Facing Lucy’s fake emotion, what should she do? Can she feel herself in danger of a hysterical fit or a swoon? Or can she insult Lucy because she is a fickle hypocrite who destroys her idyll? No, Elinor stays sensible. She forgives Lucy, Edward and anyone ever hurt her mind. Unlike Marianne, she never tells anyone about her broken heart, instead, she imparts great patience and elegance. No wonder she can’t hold herself back the moment she learns great changes from Edward, and burst into ceaseless tears of joy. After all, she is simply a woman, a sensible lady with sensitive emotion, a seraphic girl who appears strong but yearns for love and care inside.

  Marianne, sensitive and ill-concealed, can’t have any moderation. She is monstrously pretty, highbrow and ethereal: she is everything but prudent. As a girl of 17, she has potent enough sensibility to make sure “the more I know the world, the more I am convinced that I shall never see a man whom l can really love.” And many are the tears shed by her in her last adieus to their residence so much beloved. Ironically, after meeting Willoughby, she falls head over heels in love with him forthwith and they read, dance, even tour together. Such conduct makes them of course most exceedingly laughed at; but ridicule can not shame, and seems hardly to provoke them. With minutes ticking away, Marianne’s love affair grows torrid and incandescent but Willoughby’s is on the contrary. Having perceived him at a party, Marianne can’t help pronouncing his name in a tone of affection and instantly glinting her emotion in public. Being hurt by his inexcusable guilt, she is entirely lost in sobs but is so stubborn that she tries all means to make excuses for his inconstant affair. Eventually , poor Marianne , languid and low from the nature of her malady , and feeling herself universally ill , can no longer hope that tomorrow will find her recovered . Thanks to this putrid tendency, a sensitive Marianne sleeps forever, and lives a sensible female.

  Having finished reading the last word of Sense and Sensibility, I softly sigh in the darkness. After experiencing the narrow path zigzagging up the immutable love, both Elinor and Marianne find out Mr. Right whom they belong to. But which character should I choose? To be sensible or to be sensitive?

  I think Elinor ought to gain more understanding and sympathy. No matter in novel or in reality, Elinors actually suffer more burdens than Mariannes, as well as solitude. It’s impossible to read anything from their smooth appearance, thus we think their tough appearance means their tough spirits for granted. However, it turns out to be wrong when Elinor receives sudden proposing marriage from Edward and bursts into crying. At that time, Elinor is another Marianne, fragile and ingenuous. She badly needs love but never speaks it out. Perhaps it’s because she is the eldest sister in the family, she can’t count on any help from her sisters or mother. So when Marianne sheds for falling leaves, she has to pay attention to the cost of living. I always believe that under Elinor’s fortitude surface lives a beating heart. She only hides her passion for life and devotion to love, thus duty is the very thing she cares for. When hurt by love, she endures it alone, unlike Marianne yearning for everyone’s focus. When realized Lucy’s skullduggery, she still tolerates it for the sake of her Edward. Because of her sense, she has to sacrifice her passion and her unlimited girlhood.

  As for Marianne , she abhors all concealment where no real disgrace can attend unreserved ; and to aim at the restraint of sentiments which are not in themselves illaudable , appeared to her not merely an unnecessary effort , but a disgraceful subjection of reason to common-place and mistaken notions . In sacrificing general politeness to the enjoyment of undivided attention where her heart is engaged, and in slighting too easily the forms of worldly propriety, she displays a want of caution which Elinor can not approve. She , who has never much toleration for anything like impertinence , vulgarity , inferiority of parts , or even difference of taste from her spirits , to be pleased with the Miss Steeles . Such openness, such sincerity! Though substantially hating the dark side of morality, Marianne is condemned by such event and is nearly led to the grave. She innocently thinks she can live independently from the circumstance; actually she has been gradually changed by the circumstance. At the end of the story, Marianne submits to her sister’s sense as she firmly rejected initially, and accepts plain-featured Colonel Brandon. Does it mean she eventually grows up, or she is a victim of circumstance? Because of her sensibilities, she has to go through vicissitudes and abandon her romantic opinions towards life, and ultimately becomes intellectual, instead of falling a sacrifice to an irresistible passion as once fondly flattered herself with expecting.

  To be sensible or to be sensitive? The genius of Jane Austen lies in this thought-provoking ideology, one that reflects the wisdom of living. As Jane herself explained :”With strong affection it’s impossible , with calm ones it can have no merit “ , so no matter to be sensible or to be sensitive , we all have to sacrifice something . Maybe we will be forced to have a good head on your shoulders in this bitter process, maybe we will cultivate an air of sophistication, or maybe we lose our nature qualities to satisfy the society. But who knows? Probably our life should display a perfect fusion of sense and sensibility. That’s why I equally love Elinor and Marianne. They represent two sides of the personality, but both combine to a perfect morality. So it’s not necessary to argue whether sense is premier or not. I still remember a saying from William Butler Yeats:" In life courtesy and self-possession are the sensible impressions of the free mind, for both arise from never being swept away, whatever the emotion , into confusion or dullness?” Just like the novel undertoned, sense and sensibility are two sisters, they can’t live alone, but at most time, what we should do is more akin to empower our emotion than become emotionally involved.

  People at home and abroad always admire the way British behave. For example, when Princess Dianna met a car accident, Queen Elizabeth bravely held in her feelings and treated it calmly with dignity. To each individual, sense similarly plays the main role. Take a liberty to deliberate on how to adjust your impulsion instead of running in circles. Is what you do an engagement of your heart? Are you constantly reading and answering messages or checking on the latest stream of information? Are you always rushing through your schedule? Then be that vision. Value the sense. It’s a treasure and it’s available to us, always.

  In the end, by some freak of fate people extravagant or good-natured all have a happy ending. We don’t know whether the virtue will pay off while the wickedness will receive its revenge. However, it shows reality, that life is complicated full of unknown miseries. Jane Austen sets us a perfect balance between sense and sensibility, between moral duty and earthly pleasure, between obligation to the spirit and attention to the incredible beauty. As we think further and further , Margaret , the youngest sister in the family , has reached an age highly suitable for dancing and it’s not very ineligible for being supposed to have a lover . What a titanic choice will she make between sense and sensibility? Only your heart will tell.