Research On The Legal Risk Of Construction Enterprises Affiliated

Callings is not a legal concept, for the first time, it is also the only takes normative documents in 1992 the form is the supreme people’s court on applicable civil procedure law of the People’s Republic of China the opinions on some issues。Connecting the product of the emergence of history, Affiliated operation project in the construction industry is a kind of business phenomenon appeared in China’s transition economic.With the rapid development of China’s infrastructure construction and real estate market, Leading to the construction industry unprecedented prosperity, To expand the building market demand and high profit report, Coupled with the construction industry has the characteristics of low technical requirements, labor intensive, Leading to the construction of the increasingly fierce market competition, vicious competition, illegal subcontracting, subcontracting to link it to the form of the existence of very common. Although the "construction law", "construction quality management regulations" and other laws and administrative regulations,explicitly prohibit the construction enterprises affiliated behavior,But in fact "anchored" phenomenon is very serious. "Affiliated" behavior seriously disrupting the normal order of the construction market, It is not only the leading to the construction market confusion, but it also brings a lot of trouble to the project quality and safety. Because "the existence of a large number of affiliated" phenomenon, Cause the affiliated party and the party being affiliated, is linked between Party and owner of the economic disputes. The courts and arbitration institutions in the process of dealing with similar cases, Generally the "anchored" behavior considered null and void, But in the specific case of how to identify the dependence and the dependence of the legal consequences of such problems has a different approach.This paper began with basic concept discussion and analysis the affiliating problem of building contractors. Combining with the working practice cases,author tried to find out the reason why this problem exist and its reasonability. In this paper, author also evaluated the positive and negative influences of affiliated operation project. And then according to related laws, author listed the legal responsibility of the both two parties.However, every coin has its two sides, existence is possible and reasonable.Affiliated business also plays a positive role in integrating market resources and improving economic competitiveness, and has its complementary advantages. A complete repudiation is against the development of industry market.