Regulating Unlawful Affiliated Behavior In Construction Projects

The research of this dissertation focuses on the affiliated behavior.The affiliated behavior means the behavior that the enterprises or people that didn't obtain related qualification contract engineering via paid rented qualification to make illegal profit.Since 1980s,under the leadership of Chinese Communist,with the alteration of national policies and roads,various aspects of economy and society of our country have improved and developed a lot.The same things happened to the construction area.As macro policies,such as "New Rural Construction"," Urbanization construction" had been put into practice energetically,construction enterprises were set up numerously.Because of imperfection of laws and regulations in construction area,illegal behaviors were rampant,which challenged the development a lot.The health of development of construction area authorizes the interests of nation and society,playing an important role in the overall pattern of economy development.The research of dissertation starts at the laws and regulations,based on the existing legal regulations,making thorough and effective regulations,making the fair,sustainable development of construction area come true.Besides the introduction and conclusion,the layout of the main body of the dissertation is as follows:The first section focuses on the definition of construction engineering affiliation.This part introduces the definition and patterns of construction engineering affiliation,and the relation and differences between construction engineering affiliation and other forms of business model.such as,subcontracting,subcontracting and internal contracting.In addition,this part also includes the analysis of the reasons why the construction engineering affiliation occurred,and its development and the damages brought to the construction area and society.The second section is about the current situation and existing problems of construction engineering affiliation.Firstly,the writer analyzes the current situation of active laws and regulation in our country,which includes current situation of related legislation and judicial interpretation.Secondly,based on the current situation of laws and regulations,the writer further analyzes main problems of laws and regulations in construction engineering affiliation.The third section is about the suggestions related to improve the laws and regulations in construction engineering affiliation.Firstly,it is about the amendment and perfection of the related laws and regulations,to be specific,by accurately recognizing the affiliated behavior and the Scope of responsibility of both parties in contract.Secondly,it is about make further amendment and perfection on qualification assessment system--according the new circumstances of economy development,lowering the qualification assessment threshold of construction industry,arousing the enthusiasm of the construction market.Thirdly,increasing the intensity of supervisions of regulation fees of affiliated behavior,and increasing the intensity of supervisions of related qualification assessment on the administrative aspect.Lastly,increasing the intensity of supervisions of construction affiliated behavior.According to the new circumstances of economy development,lowering the qualification assessment threshold of construction industry needs the increasing supervisions of construction industry,including the investigation of enterprise qualification,the monitoring of construction work process,so that it the safety and quality of construction engineering and maintenance of society development can be achieved.The innovations of this dissertation is though studying the laws and regulations problems in construction engineering affiliation,regulating the affiliated behavior and guiding the construction work behavior to alter to the legal,reasonable developing way,realizing the healthy development of construction industry in our country.