The Assertion Of The Main Obligation In Post-disaster Contract For Construction Projects And Problems Of Responsibility Bearing

With the rapid development of economy in our country,especially the advancement of urbanization,real estate,roads and other infrastructure construction.These are great to promote and improve our living conditions,and also promoted the rapid development of construction industry in our country.And the project construction contracts dispute case number also increased significantly.Although at present our country the study of contract for construction project is becoming more and more many scholars and practitioners are discussed such a common problem in the contract,but because our country to adjust the legal relation of contract for construction project issued earlier,and therefore the laws and regulations lag.However,these aspects are rarely involved in the current theoretical research,so the research on this kind of problem is of great significance.This paper takes the case of Yang xx v.a village committee construction project contract dispute as an example to analyze the dispute focus of the case.Firstly,this paper qualitatively analyzes the types of contract involved in the case,and compares the similarities and differences between the rural construction contract and the construction contract of the construction project,the plaintiff is the affiliated relationship with company,and in accordance with the relevant laws and regulations can determine the plaintiff's legal status for the actual construction,and then the actual construction person in which the construction price when there is a dispute shall have the right to request to take responsibility for this range is analyzed and in order to make clear the obligation of contract real subject.And then,this paper probes into whether the village committee and villagers constitute free principal-agent relationship and other specific responsibilities of reconstruction households,so as to clarify the responsibility of contract.Finally,through the analysis and research of this paper,some thoughts and suggestions are put forward on the common legal problems in the construction project contract and the post-earthquake reconstruction work,so as to play a role in the settlement of such disputes.