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Legal Thoughts On "Anchored" Phenomenon In Construction Engineering

Posted on:2018-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:D B FengFull Text:PDF
GTID:2336330512991192Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,China's rapid economic development.The process of urbanization has also been accelerating,and the acceleration of urbanization has contributed to the prosperity of construction projects.For the construction industry,its prosperity is mainly driven by external economic development,not mainly by the internal management system to improve the promotion,although the construction industry within the management system has also been improved,but there are still lag.The construction industry in the system lag,resulting in the construction of the management system and its prosperity between the existence of out of touch;and in the previous planned economy under the influence of the residual temperature,the construction industry itself is still part of the planned economy era of management,construction Industry personnel also left part of the planned economy thinking.The construction industry is chaotic.China's population,the real estate market,the construction industry to promote China's economic development of the locomotive,the state has also added to the construction industry legislation,the construction market standardization.However,the top of the design of the legislation and the reality of the existence of access,this access leads to give birth to some unusual phenomenon,for example,in this article "anchored." So need to carefully analyze,pursue its roots,explore its nature,so clear to know him,understand him,and then regulate him.Construction industry chaos is mainly reflected in the "anchored" "subcontract""subcontract" and so on.Among them,"anchored" is more prominent,the impact is relatively large,such as qualification linked to drive up the project cost,is the high level of construction enterprises,the proportion of its high fees,illegal anchors through various means or ways to undertake the project to low,The cost of high returns,the formation of overestimation of the phenomenon.On the other hand,the trust of the unfair trade,so that it becomes a breeding ground for corruption,the long run of the overall low level of the construction industry,can not continue to scientific development.The research on the "anchoring" of the construction project is a study of the legal phenomenon.Through the analysis of the legal phenomenon,the reason of the legal system is analyzed,and the legal law is found through the analysis of the legal phenomenon.As Marx says,"legislators should regard themselves as a natural scientist.He is not in the making of the law,not in the invention of the law,but in the expression of the law".Analyze the legal system,and explore the nature of things and the law.Improve the legal system,so that the system in line with its laws,remove obstacles to the development of its law obstacles to guide the development of the law to adapt to the factors,so as to promote the development of the construction industry norms.Reasonable legal system can ease the social contradictions and guide the community to the right direction of the road.Project "anchored" on the one hand,not only can give the legal system to provide a certain reference,but also can give the industry a certain amount of thinking,the judiciary has a certain role.The basic idea of this paperAt present,"anchored" is still hot,"anchored" behavior despite repeated prohibitions.Need to carefully analyze the study "anchored" to study its development context,to tap its deep-seated reasons.On the basis of absorbing the theoretical achievements of other scholars' research and analysis,this paper analyzes the causes and causes of "anchoring"and puts forward some suggestions on the governance of "anchoring" phenomenon.Provide some advice on the legal provisions and provide some advice on the phenomenon of "anchoring".The framework of this paper consists of the following five parts:The first part is the basic theory of "anchoring".This is the description and expression of the basic concept of "anchoring",studying its connotation,and finding out its basic legal characteristics.The second part is the history of "anchoring".To trace its historical origins,to "hang up" into its environment,to seek its inevitable and contingent.The third part is the analysis of the status quo of "anchoring",mainly from the view of legislation,judicial practice,scholars' view and the view of this article.The fourth part is the reason why the multi-angle analysis produces "anchorage".Apply the legal point of view,apply the perspective of economics to study and analyze"anchored".The fifth part is based on the above analysis,combined with China's environment,put forward the idea of governance anchored.
Keywords/Search Tags:anchored, qualification, regulation
PDF Full Text Request
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