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Research on the Legal Issue of Subcontracting in Construction Project of Our Country

Author: HeHui
Tutor: XuJunHua
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Construction projects General contractor Subcontractors Subcontract Illegal subcontracting
CLC: F426.92
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 0
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Abstract

After the reform and opening up 30 years of development, China's construction industry has become an important force in stimulating the development of the national economy and to solve the employment played a huge role in the promotion of the social division of labor. China's construction enterprises from a single state ownership in the form of the beginning of reform and opening up, the development of various forms of ownership coexist, and cultivate a group of outstanding architectural enterprises or enterprise groups. More and more people in the construction industry, the construction industry in China has also become important to enter the field of labor transfer. At the same time, the ancillary laws, regulations and systems are constantly improving and perfecting. Although the progress of the construction market in China is significant, but compared to the overseas construction market there are still many problems to be solved. No sound legal system and institutional building enterprise project management level is low, and the quality of employees has always been a problem left over from the construction industry. In recent years, the quality of engineering construction projects disputes and security incidents increasing frequency, the deeper reason is the increasingly rampant illegal subcontracting behavior. Illegal subcontracting has become a major obstacle to the sustained and healthy development of China's construction industry. This article is in this context, in order to study the behavior of sub-contractors in the construction project, first introduced the concept and its legal characteristics subcontracting behavior; followed on subcontracting the status quo of China's construction industry and analysis of the reasonableness of its existence The third part of the article, followed by introduction subcontract the development and evolution of behavior, and subcontractors have been more and more by the beginning of the legitimate subcontracting showed illegal subcontracting, this part of the final analysis of the reasons illegal subcontracting; , the introduction of the current legislative status quo and its defects, our construction subcontract followed extraterritorial construction subcontract the Legislative its Implications for China; article last part of the proposed solution to the problem and recommendations for the third part of the problem. Through the analysis of sub-problems of theory and practice, to identify the problems of the construction industry legacy of deep-seated reasons, to provide a reference for the healthy and stable development of China's construction environment. Construction industry regulatory authorities only fully play its role, in order to better monitor and guide the development of the construction industry; building enterprise only continue to learn the advanced experience of foreign countries to overcome their own shortcomings, and enhance awareness of the law and corporate self-regulation, improve the management level, and to get out of abroad to participate in the international construction market competition.

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