A Brief Analysis About The Main Responsibility Of The Actual Construction Of The External Debt

The Supreme People's Court promulgated "on the law applicable to the construction contract dispute cases the interpretation",to regulate the construction market,unified judicial measure,ensure the engineering quality,fair and protect the legitimate rights and interests of the main parties,and promote the healthy development of the construction industry has played a positive role.But the lack of this explanation is that there is no explicit provision on the subject of the actual construction of the subject of foreign debt.In recent years have seen an explosion of such cases,in handling such cases,the main responsibility of the contractual obligations,the cognizance of agency by estoppel,joint and several liability,sharing and so on,all over the court's standards,different,different connection with the given phenomenon in different regions and even in the same area there are a lot of different levels of the court.How to correctly use law in such case to solve the problem of responsibility cognizance,thus effectively solve the disputes,balance the interests of all parties,play a judicial judgment standard role in the market order of construction industry is the current problem urgently to be solved in civil and commercial trial.This article mainly from a typical case of theoretical analysis of the problem concerning the case based on the clarification of the controversial focus of the case,including the contract relativity theory,the agency by estoppels,joint and several liability,and some conceptions that is often involved in the subcontract,such as the subcontract,borrowing the qualifications of the affiliated,etc.and then the courts at all levels of the case facts analysis point of view,and based on this proposed own view.This paper aims to analyzing the cases,so as to put forward the ideas of this kind of case,hope to play a guiding role for trial practice.Mainly includes the following five parts:The first part is the introduction.First of all,through the 100 cases on the actual construction of the foreign debt disputes do horizontal and vertical analysis,introduce the background of the case,the complexity and severity of the problem.Next,this paper introduces the research status of the research topic in the legislative and academic fields,the purpose and significance of this study and the research methods used in this paper.In the second part,this paper through the main analysis of a typical case raises question.Firstly,this paper introduces the basic situation of the Hefuyuan material company,Liaoning international construction company and Li Minqiang contract dispute case,in Shenyang village project,the actual construction process of Li Minqiang steel sales contract with the Hefuyuan material company,in the name of Liaoning international construction company,then,Li Minqiang did not meet to fulfill the obligation of payment contract for the sale of steel,the Hefuyuan materials company is then taken to court for the two payment shall bear joint liability;secondly,based on different opinions through court combing the procuratorate at all levels and protest,summed up the focus of controversy of the case;finally,introduces four different types of judgment in the case.The third part is the interpretation of the basic theory about actual construction of external debt dispute.The first is the discrimination of relevant concepts,including the definition of the actual construction of the project,to the connotation and legal nature of subcontracting,internal contracting and borrow qualification.The second is the analysis of the behavior characteristics of the actual construction people.At last,it introduces the theoretical basis of the different types of responsibility sharing.The fourth part is the analysis and conclusion of this case.Based on the combination of the above theoretical knowledge,this case is analyzed,including the analysis of the results of the courts at all levels and the author's opinion on the case.Finally,it is concluded that the payment should be made by the actual construction man Li Minqiang.The fifth part is the train of thought of the judicial practice of this type of case,but also for the case study of the enlightenment part.Through the analysis of the rich source material company and Liaoning international trading company,the construction contract dispute case of Li Minqiang,sorting out the main ideas that the actual construction of external debt responsibility.