Discuss The Relativity Of Contract In The Field Of Construction Engineering

Due to the rapid economic growth in China,housing construction and infrastructure construction are still in the ascendant and flourishing development.At the same time,problems such as frequent engineering quality accidents and the lack of effective protection of the interests of migrant workers have arisen.In order to solve these problems,China has made breakthroughs in the field of construction engineering through laws,administrative regulations and judicial interpretation.Relevant breakthroughs have played a role in protecting the interests of migrant workers,maintaining the quality of projects and social stability to a certain extent;however,although the initial intention is good,there are omissions,which are not up to expectations,and need to be patched harmoniously and smoothly.For this reason,the author examines it from the perspective of empirical law,explores it from the perspective of history,tries to clarify the origin and principle of the breakthrough of contract relativity and contract relativity,locks in the predicament of current judicial practice,and tries to prescribe corresponding prescriptions.This paper consists of three parts : introduction,main body and conclusion.The body is divided into four chapters:In the first chapter,the origin and breakthrough of contract relativity are initially understood through the relevant provisions of foreign law,and then the breakthrough of contract relativity and contract relativity are observed and analyzed from the perspective of comparative law.After combing the history of establishing contract relativity in China and gradually making breakthroughs in many fields,it is found that breaking through contract relativity in the field of construction engineering has a special background of the times,which is not only an economic problem,a legal problem,but also a social problem.In order to study and analyze the current situation of breaking through the relativity of contract in the field of construction engineering and the problems after breaking through,the author adopted the way of investigating typical cases and normative documents in the field of Construction Engineering in judicial practice to determine the standard of selecting research samples.In the second chapter,through detailed analysis of typical cases and normative documents,it is found that there are dilemmas in judicial practice after breaking through the relativity of contract in the field of construction engineering.These dilemmas mainly include: the definition and scope of actual constructors are controversial,and the actual constructor system has not realized the original intention and reality of protecting the interests of migrant workers.After breaking through the relativity of the contract,the builder is apt to abuse his rights and so on.Chapter three examines the reasons for breaking through the relativity of contract in the field of construction engineering: firstly,from the perspective of the value of law and the relationship between economic externality,it explores the basis for breaking through the relativity of contract;secondly,it explores breaking through the relativity of contract in the field of construction engineering according to the principle of prohibiting abuse of rights and the principle of proportionality.Necessity of regulation;Thirdly,it summarizes the common points of breaking through contract relativity in different contract fields,and makes typological analysis;finally,it explores the nature of breaking through contract relativity in construction engineering field.In the fourth chapter,aiming at the problems arising from breaking through the relativity of contract in the field of construction engineering,the author puts forward the scheme to fill the loopholes in order to get out of the predicament: trying to deal with the illegal project and safeguard the wages of migrant workers through various ways,such as establishing and improving the wage guarantee system and the engineering insurance system for migrant workers,in order to clearly define the scope of actual builders,etc.Define the necessary conditions that actual constructors must satisfy in exercising their rights and restrict the actual constructors to exercise their rights after breaking through the relativity of the contract;draw lessons from the existing system of "payment for illegal reasons can not be required to return" in developed countries and regions outside the country,and improve the relevant rules,stop illegal engineering activities,and realize bottom drawback.