Researches On The Protection Of Actual Constructor Rights

Construction engineering market chaos scene, all kinds of illegal behavior has not been effectively controlled, such as illegal subcontracting, illegal subcontracting, anchored qualifications and so on. Since these phenomena do not get treatment, it led directly to the emergence of "actual construction" group and expanding. Academics and practitioners are looking for ways to resolve the problem, given the actual construction to protect human rights is the starting point has been widely mentioned, "Construction Contracts on the trial a number of issues of judicial interpretation of the provisions," the promulgation and implementation of the highest undoubtedly confirms hospital attitude on this issue. The judicial interpretation given to the actual construction project funds recourse conferred this right is explicit, the actual construction of the Supreme Court in order to protect the rights of the direction of a unified court system deal with this kind of problem, but the lack of effective the legislation on the rights system, specific protection, leading to the promulgation of the purposes of this explanation is more complex to bring more confusion. For example, the actual construction in the legal sense of how to define? Protected by law and regulations to the actual construction should have what legal characteristics? Actual construction shall enjoy legal protection only for political stability considerations, or a corresponding solid theoretical basis? actual construction, after all, is the birth of the phenomenon of illegal things, in addition to the protection given to whether there is a corresponding regulatory measures and accountable manner? these questions have not been answered.On the use of historical research methods, empirical analysis of comparative methods and analysis of the relevant jurisprudence, to understand the actual construction of the overly loose and in practice, large groups and they generally have the characteristic differences arise from the trial practice, caseload and complexity of the data in the chart description of the actual construction to protect the rights issue will be the need for legislation. The Supreme Court has made it clear in the "interpretation" in the protection of the actual construction project funds recourse, then we must first study what is the nature of recourse for projects on which they enjoyed, what is the nature of the project funds, giving practical construction What are the legal rights of people in this meaning and value. On this basis, in order to put forward valuable suggestions for the lack of high feasibility of existing laws and regulations exist. On the basis of the actual construction to discuss how to exercise the right of recourse for projects to protect their legitimate rights and interests of the above, the author in terms of protection of the rights of the theoretical basis, the value of legislation, practical operation and so on, will discuss extending the contractor shall enjoy priority for repayment of the project to the actual construction, in order to put an end to the contractor after the subcontract management fees no recourse for projects, priority for repayment after a period of actual construction caused damage to human rights.This paper is divided into five parts:The first part of the introduction of this paper introduces the topic background, significance, research status and research ideas and methods described herein. The second part from the actual construction of the concept and theory, to clarify the actual construction of the concept, content and scope of protection to the theoretical basis of the actual construction, to demonstrate from an academic. The third part of the actual construction status of human rights protection were analyzed from the case, current legislation undermine the status quo trial practice, the existing problems, analyze and summarize the reasons for the historical data as well as the trial practice of using 2015 data chart performance and will be described to further illustrate the actual construction rights protection in practice of urgency. The fourth part lists, carding relevant foreign regime, the analysis of the relevant system to get the actual construction of the protection of the rights of people enlightenment. The fifth part of the protection of human rights in the actual construction design path from the source of the actual construction rights, the legal status of the entity, by Article 286 of the extension of the "Contract Law" the protection of human rights protection guarantees the actual construction, specifically how to achieve, as well as limit the rights of the actual construction of the four aspects of system design, and strive to build a system of protection of rights. Protection of rights is not the ultimate goal, the author hopes to guide the legal protection of engineering construction market behavior of the actual construction of the main human rights, so that the interests of all parties are balanced while protecting them govern and regulate the construction market chaos instead of ignoring the existing problems and the suppression of the legitimate rights and interests of legitimate demands.