Our Construction Contract Disputes On The Legal Issues Of "Anchored" Relationship

With the development of economy and society in our country, the market of construction industry is developing rapidly in recent years. In such cases, especially to the construction side by "anchored" in the form of borrowing on behalf of others with qualification of project contracting of construction project construction contract dispute case arising from most, involving the most popular and influential, court is the most difficult, unstable factors is also more. The supporting laws and regulations of the construction contract dispute in anchored in the stipulation is not clear, there are many gaps and fuzzy zone, the serious lag in the development of the society and and administrative departments in the management also exist some weak links. Although the Supreme People's Court on the trial of the effectiveness and the legal consequences of construction contract dispute case applicable legal interpretation "for others" anchored "qualified enterprise signed the construction contract for the corresponding provisions, but in our court trial involving anchored in the construction engineering construction contract dispute case, in such cases the determination standards and treatment has not been unified, with different judgment, with different types of judgment, different hospital in different sentenced and colleagues in different judgment of the situation is not uncommon. Therefore, this paper tries to through the discussion of the basic problems of the construction contract dispute "anchored", analysis of current situation of China's construction field "anchored", cause the harm and the causes of the formation of, combined with China's current laws and judicial interpretation, administrative rules and regulations on the provisions of the construction project contract disputes "anchored" comments on China's existing laws and regulations and system in the construction contract dispute "anchored" relationship between the provisions of the existing problems, and further solve the construction field "anchored" put forward ideas to solve the problem.The overall structure of the article is divided into three parts: introduction, text and conclusion. Introduction part of the first in a trial process encountered real and representative case in the form of questions, in the engineering construction contract dispute case, how to determine the between the actual construction and the nominal construction is anchored relationship? Who is the actual construction of the construction of the project? How to determine the amount of the project? Thus a construction contract dispute "construction project anchored" relationship on the legal issues of significance. And the main text is divided into four chapters. In the first chapter, the construction contract dispute "anchored" the definition, forms, features, and subcontracting and other differences, the nature of introduction to the basic problem of construction contract dispute "anchored". The second chapter first analysis of construction project of our country construction in the field of "anchored" situation and the harm and then analyzes the causes resulting in "hang". The third chapter mainly introduces the construction of our construction in the field of "Guakao" relationship between the legal provisions and shortcomings. The fourth chapter from the legislative, judicial and administrative aspects of the construction field "anchored" problem of multiple solutions. The conclusion is mainly about the attitude and expectation of the judge in the trial of the case.