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With the continuous development of China's economy, the rapid development of the construction industry has become an important force in driving the growth of the national economy. Market competition in the construction industry is growing, the increasing number of construction enterprises involved in building construction, construction supervision, legal risk issues. \Although China's laws and regulations of the Construction Law, Contract Law and Construction Engineering Quality Management Ordinance for the construction subcontracting has provisions, but in judicial practice, the lack of universal guidance value, the parties, lawyers, the concept of subcontracting, and judges there are different perceptions and understanding. In this article, the author through subcontract construction market is more common case, analyzing the existing legislation for subcontract the lack of behavioral regulation, and to provide them the appropriate legislation improve measures, and the feasibility of the recommendations. The paper is divided into six parts, the first part of the first clarify the concept of building engineering and construction contract and legal characteristics. The Construction Contract, more legal issues involved, but also this article the research subcontract regulation explicitly contracting the rights and obligations of both sides of the main basis. The second part, the author carried out a comprehensive analysis of for subcontract concept and legal characteristics, with \Between the above concepts associated with each other, subcontract hidden usually evade the law in its \Therefore necessary in the the subcontracting construction premise recognize construction market, subcontracted by the concept to seek regulatory means. The third part, I believe, should regulate the behavior of subcontracting is necessary to find the reasons for the source in the market. The part of the causes for the current market environment in the building industry, and subcontract behavior analysis and proposed subcontract existence of serious social harm, which opposes an academic point of view to keep an open mind for subcontracting. The fourth part of our country for subcontracting provisions can be described many tricks, the subcontract behavior identify and deal with issues of principle, there are different ranks, different departments legislation. I believe that the analysis by a description of the current legislation, in order to reveal the different regulatory instruments. The fifth part, there are a lot of the behavior of the subcontract, in addition to the actual objective environment, with the technical deficiencies of our legislation is not without relationship analysis of the lack of legislation on the author from two points of view, one is identified subcontract behavior, other processing for subcontracting. Part VI, for subcontract regulation, I especially analysis illegal subcontractor for the contract, shall be liable for breach of contract, negligence liability for third party contracting, jointly and severally liable and recover for projects in the third person the issues, and to promote and use of public and private means, in order to completely change the lack of regulation for subcontract.
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