In Terms Of The Restrictions And Solutions On The Rights And Interests Of Protecting Actual Constructor

In recent years, the real estate market is developing rapidly in China, and promote the prosperity of the construction engineering industry, at the same time, many problems appeared, one of the them is the peasant workers wage arrears. In order to alleviate this contradiction, the supreme people's court promulgated the "Issues Concerning the Application of Laws in the Trial of the Construction Contract Dispute Cases”, and the article 26 break the contract relativity principle, it gives a rights for the actual constructor that they can charge the employer directly for the engineering sections. To some extent, the article 26 has been protected the actual constructors' rights and interests and solved the peasant workers' wage problems. However, some problems also appeared.This paper discusses the restrictions and solutions on the rights and interests of protecting actual constructor from the following aspects.Firstly, it introduces the significance of thesis topics, research summary, research methods.Secondly, it illustrates the regulations' formation of the rights and interests protection of actual constructor through the case study.Thirdly, it analyses the problems which protecting the actual constructors' rights and interests beyond contract relativity combining with the principle of contract relativity. Such as the law of error using, malicious prosecution, aggravating the employer obligation, etc.Finally, this paper puts forward the basic measures which can overcome the restrictions of the actual constructors' rights and interestes protection by introducing other countries' system on this issue and combining with our basic situation. In the current period, our law should definite the scope and application conditions of the actual constructor, so that the rule of actual constructor can play a role in safeguarding the rights and interests of actual constructors.In the future, our country should establish and strengthen engineering guarantee system and engineering insurance system as well as CM credit system. Meanwhile, the government should optimize their supervision for the field of construction projects, thus the problem of peasant workers wage arrears can be solved completely.