Research On The Legal Responsibility Of Construction Contract In China

The development of the construction industry and the national economy is closely related to the improvement of people's life.With the rapid development of China's economy and society,the process of urbanization,the real estate market have already promoted the rapid development of the construction industry.China's legislation on the construction project is also gradually perfect,has formed many other laws,administrative regulation,judicial interpretation,regulation,which constitute the framework of the law system construction engineering and play an active part in confirming the legal responsibility and adjusting and standardizing the main body behaviors of the construction contract.In recent years,the management order of China's construction market is confusion.There are serious deficiencies in the supervision of government departments in the implementation of construction.The construction contracts for the implementation of the cycle are long.The engineering quality demand is high,involving a wide range,which requires a lot of manpower,material and financial resource,as well as the parties of the division of labor cooperation.Disputes can occur if a party defaults on the construction of construction contract.When confirming the legal liability of the construction contract,the determination of the litigation participant,the establishment of the contract and the validity of the contract,the complicated legal relationship and the mutual legal liability between parties.Through analysis from the aspects of main body of legal liability,definition of legal liability and undertaking forms of legal liability,it is found that there are many problems existing in the fulfillment process of engineering construction contracts,such as chaotic management order of construction market,economy-driven construction market,the lack of supervision,and a lot of illegal behaviors in engineering bidding and tendering as well as engineering contracting.As illegal engineering bidding and tendering,illegal transferring engineering,illegal subcontracting of engineering,internal engineering contracting,join-operated engineering contracting and other illegal behaviors continue despite repeated prohibition,the quality of engineering contacted by contractors without engineering construction qualification is defective.Moreover,there also exist other problems.For example,the engineering is transferred or illegally subcontracted for many times and management fees are charged;cheating on workmanship and materials exists in the construction process;project funds as well as rental fees of construction materials and construction equipment are in arrears for a long time;workers' salaries are not paid for a long time,etc.To gradually solve all those problems,first of all,illegal behaviors should be reduced.To reduce and put an end to illegal behaviors in the fulfillment process of engineeringconstruction contracts,reasonably confirm legal liabilities is a powerful means to take sanctions against those illegal behaviors.Therefore,to research legal liabilities in engineering construction contracts is very important.According to the law,the legal responsibility of construction contract shall be borne in accordance with law.We should treat the legal liability as the breakthrough point,reducing and putting an end to illegal activities in the project construction contract,to lead our country to step into the tract of healthy development.