The Judicial Determination Standards Of Affiliated Relationships In Construction Contract

In recent years, with the rapid development of China’s economy and society, the Real estate construction market booming trend was also found emerged and became one of the pillars of the national economy. However, the old economic order is broken but the new order has not been established in the mature, to develop the real estate industry has attracted a large number of companies into the construction market, triggered a construction market disorder, different standards or even illegal loopholes behavior. Anchored, as the presence of illegal construction market phenomenon has been widely applied in the field of survey, design, construction, supervision, etc., but so far no legal, administrative regulations or judicial interpretations to be clearly defined. It usually refers to units or individuals for commercial purposes, to borrow the name of a qualified units have contracted the construction of behavior. In the specific case handling, and affiliated companies encountered problems related to the construction, generally refers to a low level of qualification on behalf of businesses or individuals without qualification level building operators to use highly qualified enterprises to contract projects in the community, and to be affiliated companies to pay a certain percentage of the management fee. Anchored a planned economy to a market economy during the transition products, construction had played a positive sense, after all, managed to disrupt the normal order of the construction market, there are more engineering quality and safety problems, so the legal acts of affiliated negative attitude. In this paper, the reality of a common judicial three typical cases as a starting point for analysis from liability forms, personnel relations, financial management, and the difference between the contract and other related aspects, thus anchored judicial determination of standards for research.