The Theory Of The Affiliated Behavior And Its Impact On The Project Construction Contract Effectiveness

Affiliated is not a legal concept. Contacting the product of the emergence of history, affiliated operation project in the construction industry is also the product the China’s transition economic from the planned economy to market economy. With the rapid development of China’s infrastructure construction and real estate market, and leading to the construction industry unprecedented prosperity, but with the development of non-standard construction market the increasingly fierce market competition,and in order to get huge benefits, leading to the affiliated behavior is very common.Although the "construction law", "construction quality management regulations" and other laws have explicitly prohibitive the affiliated behavior, in fact "affiliated" phenomenon is still very serious. It not only severely disrupts the order of construction market in our country, but also lefts a lot of trouble, such as engineering quality, and engineering safety. The courts and arbitration institutions in the process of dealing with he various economic disputes, generally affiliated behavior will be deemed as invalid behavior as well as the construction project construction contract signed by affiliated behavior is invalid. There is no denying the fact that in the construction industry in China at present, the existence of the affiliated behavior to construction quality and safety brings huge hidden trouble.Keeping a crackdown on the affiliated behavior is indispensable, but whether or not it will be questionable that as long as there is signing the construction project contract by affiliated behavior which shall be deemed invalid. Blindly denying the validity of the construction project construction contract is not conducive to the maintenance construction market transaction security and freedom. More so, some person use loophole of the laws and regulations in the engineering project contracting intentionally make use of the affiliated behavior to deny the validity of the contract for construction engineering construction to obtain illegal interests. It is not about the legislative spirit of our country.In order to distinguish affiliated behavior in practice and know its impact on the effectiveness of the construction project construction contract,we must know concept of affiliated behavior.First,This article mainly and seriously discusses the common affiliated problems of construction project. Starting from the concept and characteristics of the affiliated behavior, author tried to find out the reason why affiliated behavior exist and its long-term survival. To provide better solution to the affiliated behavior theory. Analyzing affiliated behavior and its similar behavior in judicial practice, it is better to deeply knowledge and understand the affiliated behavior. At the same time the author have research affiliated behavior influence on construction project construction contract effectiveness according to the knowledge of in two cases of whether or not the party aware the affiliated behavior before singing a construction project contract.Second,as is known to all, although affiliated behavior exists widely in the field of construction project, other behaviors just have appearance of affiliated behavior and the essential characteristics of not the affiliated behavior.Some of them under the guise of other name in order to effectively avoid law violation of the affiliated behavior, such as the internal contract. Some of them be mistaken for the affiliated behavior, such as illegal subletting and the illegal subcontracting, because them have a great deal of similarity of affiliated behavior. So with the theme of the analysis of affiliated behavior and its similar behavior, this section of the articles respectively compare affiliated behavior and internal contracting, subcontracting and the illegal subcontracting carries and it is concluded that the difference between the two, which is helpful to deepen knowledge and understanding of the affiliated behavior and other similar behavior. At last, as a result of the construction contract which is signed after the affiliated behavior, the judicial organs judicial affirmation about affiliated behavior will have great influence on the effectiveness of the construction project construction contract. At the same time, from the perspective of clients, the author have research affiliated behavior influence on construction project construction contract effectiveness according to the knowledge whether or not the party aware the affiliated behavior before singing a construction project contract.