The Legal Research Of The Internal Contract Responsibility System Of Construction Enterprise

The internal contract responsibility system has emerged quietly in the current construction field. It is widely applied in most of the construction enterprises and even the state-owned construction enterprises because of its non-sustainable function in saving cost, increasing profit and some other aspects.However, due to the emptiness of the current law and the lack of systematic study, internal contract responsibility is not well cognized, which causes its wandering around illegality and nearly becoming affiliated business and illegal subcontracting.Moreover, the division of legal nexus and rights and obligations of each party remains unclear, which not only causes grievances between the construction enterprises and the internal contractors, but also leaves the external third party like the material suppliers, field suppliers or the construction workers in a disadvantageous place and causes much dispute. And law courts try at loose ends. Different courts give different and even opposite judgment, which seriously affects the authority of law.More serious consequence of those to-be-solved problems is that the construction quality, which is regard as the life of the construction program, is endangered. It threats the safely use of the building and even people’s property and life security.Therefore, clarifying the connation and donation of the internal contract responsibility system and the internal and external legal nexus helps lift the dispute.This thesis consists of six chapters, with a total of36000words.Chapter Ⅰ expatiates the internal contract responsibility system of construction enterprises in summary. Section I is concerned with the history origin of the internal contract responsibility system. Section II is about the definition of the system. And Section Ⅲ discriminates the differences between the internal contract responsibility system and the affiliated business and the construction subcontract, so as to making the internal contract responsibility system better comprehended.Chapter Ⅱ analyses different types of the internal contract responsibility system. Section I is about the internal on-the-job worker type of contracting, and illustrates the necessary qualification of the internal contractor, that is the project manager qualification of the worker contractor is needed and the labor relations between the worker and enterprise is established before the tender of the enterprise of a certain construction project. Section II is about the affiliated group type of contracting.Chapter III discusses the basis of existence of the internal contract responsibility system. Section I is about the legal basis. It holds that the company autonomy theory and the principle of freedom of contract lays the foundation of the system, which is the extension of the autonomy of private law theory. Section II explains the legal basis of the system. It holds that the system fits the related laws and is not in violation of the prohibitive provisions of laws and regulations on ensuring project quality and construction safety. Section III analyzes the practical basis of the system from the internal and external troubles of the direct construction enterprises and the advantage of the system in getting the enterprises out of the troubles.Chapter IV illustrates the internal legal nexus in the internal contract responsibility system. Section I is about the legal status of the construction enterprise and the internal contractor, which explains the legal status of the enterprise and its on-the-job workers, enterprise and its affiliated groups in the system respectively, which holds that the construction enterprise and the internal contractor have dual legal attribute. Section Ⅱ is about the analysis of the rights and obligations of the construction enterprise and the internal contractor. The construction quality and safety is regarded as the principle of standard and the obligations which can be and can only be assumed by either side of the two parties is selectively analyzed.Chapter V explains the external legal nexus of the internal contract responsibility system. Section I analyzes the contract external legal nexus of the system, on one side analyzing the external legal capacity of the internal contractor, especially the capacity to conclude treaties, and analyzing the external default assuming of the contractor on the other side, which holds that the internal contractor needs to assume the default liability and the construction enterprise needs to assume the supplementary liability. Section Ⅱ illustrates the external legal relationship of labor in the system, which analyzes the subject of legal relationship of labor of different types respectively; of which one is on-the-job workers type of contract, and the other affiliated groups type of contract.Chapter six is the conclusion of the thesis, and the above chapters are summed up in this chapter.This thesis puts forward the author’s standpoint on the problems of much dispute and controversy on the point of basic concept and trial practice in the implementation of the internal contract responsibility system, in order to clarify the legal nexus and concepts related to the internal contract responsibility system. Therefore the internal contract responsibility system will be better applied in study and work and more proficiently put into practice in the future.