Consequences And Legal Countermeasures Of Illegal Subcontracting Of Construction Engineering

As one of the industries of the people's livelihood,the construction project has been developed rapidly in recent years.However,there are frequent problems such as project safety and quality,delay in progress and arrears of migrant workers' wages.The reason is mainly due to the failure to follow the relevant laws.Package,subcontract,contract and many other factors.According to China's housing and urban and rural construction statistics,China's construction industry over the past 30 years,the scale of industry has been expanding,to 2016,the national construction industry added value has exceeded the United States,ranking first in the world.But at the same time,China's construction industry is still "big but not strong",illegal sub-package parasitic in the construction of some of the problems,has seriously affected the sustainable development of China's construction industry,to the need for greater efforts to conduct a comprehensive rectification Time,and from the legal point of view,in the analysis of the status quo at the same time,clear the consequences of illegal subcontracts,put forward the corresponding legal countermeasures,it would be a good way and strategy.In 2014,the State promulgated and implemented the "Two-year Action Plan for Engineering Quality Management",which clearly pointed out that it was necessary to strictly manage the project contracting work and intensify its supervision in accordance with the"Administrative Measures" in the future.Up to now,the Ministry of Housing and Urban has conducted a briefing of a variety of subcontracting and illegal subcontracting cases over a two-year period,totaling more than 46 cases,and these cases will be an important basis for this study.In accordance with the relevant laws and regulations of China's construction projects,the main sub-divided into two types:legal and illegal subcontracting.Among them,for the legitimate subcontract,that does not violate the provisions of the law prohibits the subcontract.According to the basic idea of private law autonomy,if the provisions of the national law does not prohibit the provisions of the company can be based on their own specific circumstances to take a scientific and rational business model.However,if the operation is not correct,legitimate subcontracting may be considered illegal.In the concrete practice of construction engineering,there are often nominal internal contract(which is essentially illegal subcontracting).In this way,it is necessary to distinguish the difference between the two.In the concrete practice of construction engineering,the internal contract in the real sense is less,basically is counterfeit,and most of them are in the form of illegal subcontract,which deserves concern in the field of construction engineering.At present,China's law provisions of the provisions of the illegal subcontract,but need to pay attention to a problem is that the introduction of practice is still facing a series of problems.The author believes that the reason why the illegal subcontract in a specific practice in a series of problems,the key lies in the following aspects:First,the law cannot properly handle how to identify illegal subcontracting activities,or the legal system of the terms of the relatively Low,or did not make this provision,highlighted in the legislation is not comprehensive and standardized,there are some conflicts in the application of the law,the legal effect is not clear enough;secondly,the relevant laws and regulations itself is not a big flaw,but the parties twisted Do the brain juice to fraud,loopholes,in order to avoid the effective implementation of the law.In particular,with the increasing development of our economy,people who are engaged in illegal activities through relatively simple and brutal practices have been very rare,often using their own methods,especially by using different types of subcontracts,in order to achieve illegal Profit,and can achieve effective circumvention of the law.In the concrete practice of construction projects,often through the development of two sets of contract methods to avoid.The first is the name of the contract,that is,external publicity and filing with the relevant government agencies of the contract;followed by a substantial sense of the contract,that is,the design of income distribution program measures to deal with the dispute contract.In the current context of China's social development,subcontracting or illegal subcontracting of construction is a serious social and legal problem.In particular,in view of the current top-level design of China's rule of law in China,for the current social life in some of the construction subcontract or illegal subcontract,I believe that China should adhere to the"rule of law in China," the concept of unwavering,from a deeper,Greater efforts to focus on the construction of subcontracting or illegal subcontracting legal system climax,and then promote the construction of subcontracting or illegal subcontracting in the framework of the legal system within the norms and achieved good rule of law effect.Specifically,to further clarify the "main project shall not subcontract","unauthorized subcontracting" should be more stringent legal norms,"without the recognition of the construction unit" should be canceled,"labor subcontract",to clear the professional points The subcontracting unit of the subordinate part of the professional project contracted by the contracting unit and the subcontracting unit of the service subcontractor shall subcontract the contracted labor service and belong to the illegal subcontracting.In the concrete practice of construction engineering,it is closely related to the parties whether the subcontract is effective,precisely because the current law does not specify the effectiveness of the subcontract,resulting in a large number of differences in the course of specific practices.In view of the validity of the contract between the contractor and the contractor,the contractor is often satisfied with the qualification requirements,and there is no illegal subcontracting content,and once the case of illegal subcontracting,cannot agree that the contract is invalid,but should be in accordance with the infringement to deal with.And the contract between the contractor and subcontractor effectiveness,if the contractor to subcontract the project does not meet the qualification requirements,the main structure of the subcontract,subcontracting project contract should be invalid,and the non-subject Subcontracting to meet the relevant requirements of the enterprise in the hands of the contract should be effective,of course,the contractor to bear the joint responsibility of illegal subcontracting in order to promote the construction of illegal subcontracting within the framework of the normative operation,To achieve social justice and justice.