Research On Subcontracting Legal Problems Of Construction Engineering In China

Since The reform and opening up, China’s construction industry developed fast and has gradually becomemainstay industry of national economy. In the building process of construction engineering, because of thecompany’s shortage of resources or consideration of the business strategy, some companies prefer manykinds of subcontractings after they undertake engineering projects. As a form of social resource’soptimization, subcontracting reflects social division’s refinement to a certain extent and plays anirreplaceable role in all types of engineering construction. As engineering construction involves a largenumber of people, expands a wide range and construction achievements are directly used for the people,construction quality and management level of the engineering project have a greater impact on society.Subcontracting directly relates to construction quality and management. There are still a series of legalissues in the subcontracting of engineering projects, which requires legal constraints and arrange. Throughcombing legal issues in the subcontracting, this article deeply analyzed the reasons and proposed solvingapproaches from legislative, law enforcement, justice and administrative perspective. I hope this articlecan provide some theoretical support and enlightenment for reality subcontract management.This paper is divided into four parts and all about31,000words.The first part is an overview of the construction subcontractors and common legal issues to sort out. First,perform a simple analysis about the construction status and legal relationship involving subcontractors.second, have a simple combing about common legal issues from construction subcontracting’s mainqualification, content, procedures and regulatory.The second part is a legal risk analysis about construction subcontracting. Paper from the perspective ofthe total package, subcontractors, labor workers tripartite analysis of the legal risks they were facing in theconstruction subcontracting process. Through different perspectives, the article have a more profound andcomprehensive analysis on the process of construction subcontracting legal issues.The third part is the construction of a common legal issues subcontracting reasons. From legislation, lawenforcement, judicial, social basis, the article analysis reasons. In this respect, our legislation needs to beimproved; the implementation of laws is in a low lever; legal remedies are weak, and the social basis of therule of law is weak. For the above reasons,there are numbers of legal problems in current projectsubcontracting.The fourth part of the article subcontracted some suggestions to solve the legal problems of. constructionsubcontracting. through constructing related legislations, improving execution mechanism, enhancing theeffectiveness of judicial proceedings, improving administrative management, providing governmentencourage, etc., to solve the legal problems subcontract in the theory and practice ways.