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Study On Legal Problems Of Construction Enterprises' Attaching To Construction

Posted on:2015-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2206330461499717Subject:Law
Abstract/Summary:PDF Full Text Request
Construction anchored in the construction industry not only be restricted in the sight of law, its existence and development has a special historical background and development evolution, with the continuous development and improvement in the economic field, it can be said that the elements defined and the scope defined of the term are constantly changing and improving. Historically, construction anchored in the construction industry once was a economic type arising from a particular historical period, and with the continuous adjustment and development of national politics and economy, especially in terms of its provisions in the law continue to improve. However, due to the historical legacy and diversification and complexity of social and economic development, nowadays, the phenomena of construction anchored still widespread, and there are many problems difficult to solve. Therefore, construction anchored not only bring about many problems to the economic activities in construction sector, but also directly lead to many legal problems to be solved in the field of judicial practice.This article will combine the issue of construction areas where the court cases linked to the admissibility of the last three years I produced, thinking of the problem related to the causes and solutions from a practical point of view.This article will analyze four main sections, starting from the introduction, mainly on the historical background, significance and research methods topics, laying the groundwork for the full deployment behindThe first section is the basic overview of building construction enterprises. This section analyzes the definition of construction of building anchored during domestic historical evolution, elaborates legal concepts of anchored construction with Chinese characteristics, this section will determine a clear legal definition of affiliated with combining the general view from the theory and judicial practice in many legal definitions. Meanwhile, it will also analyze the main features of the building construction anchored.The second section is about the construction of building enterprise affiliated legal problems. Due to the current building management business model anchored in the construction sector remained generally widespread, and there is an enormous impact on economic activity within this field, also inevitable due to a variety of non-standard way of doing business and produce a variety of disputes. However, this aspect of our legislation is not perfect. In judicial practice, there are different regions, different judges awareness of the case, the same court case are often different judgments. Meanwhile, there are some problems due to hidden affiliated legal relationship, the main responsibility blurred distinction between legal and industry regulations incomplete fragmentation and other aspects of the construction of the building anchored, makes it difficult for the administration of justice. Therefore, it is very necessary common to summarize some of the problems in this field.The third section is about the related responsibilities of affiliated construction building. Identified responsibility is a necessary way to solve the problems, but also good premise remedial work. Affiliated companies will clearly be part of what should bear responsibility in this, its affiliated companies and what responsibility should be shared, while thus derived from a variety of responsibilities identified.The fourth section is about the construction of legal solutions anchored construction problems. This section will discuss the specific combination of the above summary of issues related to the solution, thereby radically reducing the negative impact arising from affiliated phenomenon.Epilogue is the summary and conclusion of this article.
Keywords/Search Tags:affiliation, accountability, judicial recognition
PDF Full Text Request
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