A Study On "Actual Construction Person" In Construction Contract

Illegal subcontracting of construction industry,such as subcontracting phenomenon is increasingly prominent,for the indirect protection the legitimate rights and interests of migrant workers,according to the supreme people's court on the trial of construction project construction contract dispute case applicable law issues of interpretation(hereinafter referred to as the " explanation ")gives the actual construction of a number of rights,such as directly to the developer who advocates the rights of earth-rock DAMS,etc.However,in the "explanation" when rights stated in actual construction,raises questions about the theory and practice of the actual construction of people.This paper reflects the actual construction people's most prominent four questions to begin to write,as the judge in a real case:The first part,first of all determine whether there is actual construction in the construction contract dispute.In the theory and practice to the actual construction people know there are different views,comparing advantages and disadvantages from different points of view.This.article does not put forward about the actual construction meaning defined point of view,but creative put forward new ideas about actual construction types,at the same time,also ruled out from the opposite side does not belong to the actual construction situation.The second part,determine the existence of people after the actual construction in the contract of construction,then analysis the actual construction of legal relationship occurred during construction process.Will happen in the construction contract,not only the relationship between the employer and the contractor,will happen actual construction and the relationship between the employer and the contractor,this part is to analyze the practical problems in construction are the premise and the foundation,at the same time,to the actual construction are put forward to resolve the problem in this paper,proposal is based on this part,this part of the importance of selfevident.The third part,after the understanding of legal relationship,it should be clear in the construction contract shall be invalid when the actual construction of people enjoy the rights and obligations.Emphasis on three prominent problems related to the actual construction,namely the developer to claim to the nature of the actual construction person,the actual construction project,the construction of the priority of compensation issues and practices in different processing of actual construction people pay the management fee.This section lists for each different theoreticalperspectives and practical proposition,also analyzes the advantages and disadvantages from different points of view,further put forward in this paper,the processing point of view of these questions.The fourth part,the paper puts forward advice on problem solving for actual construction people.Reflections from the system level and to analyze the causes of actual construction,put forward Suggestions to solve the problem of actual construction people at present stage(i.e.,to supplement and clear "interpretation")to deal with the actual construction and the future stages problem(that is,the advice on how to undertake)of systemic risk,especially to deal with the actual construction stage of future problem is macro,aims to from the Angle of jurisprudence,to solve the problem of actual construction people provide a directional Suggestions,for reference.