Research On The Legal Issue Of Subcontracting In Construction Project Of Our Country

With thirty years development after reform and opening-up, the construction industry is an important force of promoting the national economic, and play an important role in offering solution to employment and promoting social division of work. There is only the state-owned construction enterprises in the beginning of reform and opening-up, and now the state-owned enterprises coexist nonstate-owned enterprises in the construction market, what's more, cultivating a number of excellent enterprises or enterprise group. More and more people is engaging in the construction, and the construction become the major area of labor shifting. At the same time, the construction of law, regulations and some other rules are constantly perfecting.Although, the construction marked have much improved recent years, but contrast with the foreign construction marked, we have a lot of problem to be cope with. There is no prefect legal framework and regulations, the project management of construction enterprise remained very low, and the entirety of employees'quality is still low, all of above is the question left over by history. Recent years, quality dispute and production safety accident have become more frequent in the construction engineering project, the fundamental reason is illegal subcontracting rampant day and day. Illegal subcontracting has become a major barrier to the sustained and healthy development of construction industry.Just under this background, the author is to study the subcontracting in the project management of construction. In the first place, introduce the concept and legal feature of the subcontracting; in the second place, elaborate the current situation of subcontracting in the construction industry and analyze the rationality of its existence, and then introduce the development and change of subcontracting. More and more illegal subcontracting is gradually substituting the legal subcontracting, in this section analyze the reasons causing the illegal subcontracting finally. Thirdly, introduce the current legislation of the construction subcontracting and the legislative defects of our country, and then introduce overseas'legislation of the construction subcontracting and look at some enlightenment. At last, bring up some possible solution and suggestion to this problem.According to analyze the theory and practice of the subcontract, find out the fundamental reason of the question left over by history in the construction industry, offer reference to the development of the sustained and healthy development of construction industry. Only the regulatory authorities play dominate role, can exercises guidance and supervision the development of construction; however, the construction enterprise continuously learn the advanced experience of foreign enterprise and overcome its shortcoming, enhance their legal awareness self-discipline, improve the management, to go abroad to participate in international competition of construction market.