Analysis Affiliated Legal Problem

Affiliated business is not a legal term in the strict sense, since China’s reform and opening up in thetheory and the judiciary, the emergence of a new term, is a special form of economic organization, but alsosimply referred to as anchored. Affiliated business history used as a specific historical period resulting froma type of economy to exist and develop, with the in-depth reform of the national economic policyadjustment and market economy, the affiliated business gradually been cleaned up and the prohibition.However, based on the complexity and diversity of the historical legacy and the social and economic life,and now affiliated business still various forms is widespread in many other areas of the society, and oftenlead to legal disputes. In the construction field, the field of transport exists the phenomenon of affiliatedbusiness, affiliated business meaning origin from the start, affiliated business to define and analyzecommon form of affiliated business to affiliated business is still widespread in the field of socio-economic.However, not clearly defined in the law, affiliated business activities of the many legal issues there is noclear-cut solution, in judicial trial practice often now co-iso-contracting phenomenon, so the resolution ofthese issues need to be carefully discretion and discussion.This introduction, body and conclusion. The text consists of four parts.Were presented in the introduction, the main historical background of affiliated business and theimportance of the research.The first part is affiliated business similar to the concept of analysis. Affiliated business in China froma planned economy to a market economy in the process, a unique form of economic organization, legalconcepts with Chinese characteristics, both in theoretical circles or are legally clear definition and thereforerequire definition of affiliated business. This section meaning origin by affiliated business trips, manyscholars start with a different definition of affiliated business, has defined the connotation of affiliatedbusiness;, compared to the similarities of these concepts by affiliated business with some similar concept todistinguish and differences exist in reality those who are not linked with the name of the operating behaviorlinked with the operation of the real discrimination, defined affiliated business behavior. The second part is a common form of the affiliated business. This section is mainly common form ofaffiliated business in reality, mainly in order to be able to have a more in-depth understanding of thisparticular form of economic organization affiliated business. For motor vehicles affiliated businessenterprises affiliated business is allowed under the specific historical conditions of its existence, after dueto the gradual establishment of market economic system and improve the relevant laws and regulations ofthe establishment, the state of its make a comprehensive clean-up decision, however in the field of motorvehicle affiliated business surviving taxi affiliated business and freight affiliated business these two formsof enterprises affiliated business has broken through the traditional sense of the form of a natural person asanchored, and is no longer affiliated units limited to state-owned or collective enterprises. For constructionworks affiliated business, China has all along adopted a prohibition attitude is mainly due to the country inthe field of construction works is a special qualification management system, special legal and judicialinterpretation of the provisions in the field. These three common forms of analysis, careful to distinguish itsconcepts and features can be drawn from this special historical product of affiliated business in variousforms in the existing economic system is widely present in the economic activities.The third part is linked with the legal issues that exist in the operation. This form of economicorganization affiliated business is still widely present in economic activity will inevitably occur in a varietyof disputes, the relevant laws and regulations, judicial trial practice, the different views on these issuesoften cause co-iso-contracting and, therefore, of these issues summarized it is particularly necessary. Thepart of the legal existence of the affiliated business relations, the nature of the affiliated business behavioridentified, linked with the question of the validity of the operating contract, affiliated business entitieslitigation status and affiliated business both external responsibility of the problem analysis, legalrelationship the premise to solve other problems, it is particularly important; nature of their behavior on theidentified issues around whether a civil legal action commenced, I believe that it belongs to the civil legalacts; About the question of the validity of the contract, the author by analyzing the invalid said said thatgenerally recognize it as valid, but a careful analysis; special industries for litigation status issues andexternal responsibility of the problem, you need to combine legal relations elaborated, which is quitecomplex.The fourth part is the solution of legal problems in the affiliated business. Before the third part of the legal problems in the affiliated business analysis, therefore, some of the major legal problems in theaffiliated business propose appropriate solutions in order to look forward to be beneficial to the practice ofthe administration of justice. Anchored the legal relationship management, clearly divided into the internallegal relations and external legal relations; identified the nature of the affiliated business, clearly identifiedas belonging to civil legal acts; for affiliated business contract effectiveness, under normal circumstancesidentified effective special industry to be considered separately; affiliated business of action of bothposition, under normal circumstances permit third parties to the proceedings of both parties at the sametime as the defendant, exceptions to a third person knowing that the affiliated business relationship exists,only can anchored artificially defendant; affiliated business responsibilities of both parties bear, first clearthe affiliated units should be liable for, followed by the affiliated units under normal circumstances shouldbe anchored jointly and severally liable, the exceptions is the third person who knowingly, only by theaffiliated person liable for damages. For construction works affiliated business, it still belongs to the stateof the qualified industry, therefore, should be applied to the special provisions of the law.Conclusion is a summary and conclusion of this article.