The Application Of The Actual Construction Person’s Apparent Agency System

In the field of construction engineering,due to the uneven mastery of market information resources,there are a large number of various forms of attachment,subcontracting,and illegal subcontracting behavior.In order to complete the huge and complex construction,the actual construction person often needs to sign contracts with the third parties in various identities,thus the nominal construction person differs from the actual construction person.Because the actual construction person has the representation of the general contractor’s agent right,when the actual construction person is unable to pay the debt,the creditor will target the general contractor in order to realize his right,so the general contractor is often listed as the defendant alone or together with the actual construction person.In reality,different courts have different understanding of the actual construction person’s apparent agency,so the same case would leads to different judgments in different courts.The situation is so prominent that it has become an urgent problem to be solved in the civil and commercial trial.In the practice of dealing with similar contract disputes,the author deeply feels that,it is of great significance to clarify the scope of the actual construction person,the judgment of elements comprising the apparent agency system,and the burden of proof in practice,which inspires the author to choose it as the main research of this paper.From the perspective of the types of actual construction workers and their relationship with the subjects involved in the construction of construction projects,this paper analyzes the internal reasons for the different judgments of the same case in the judicial application of the apparent agent of the actual construction workers at present,and combs the problems existing in the application of the apparent agent of the actual construction workers at present.In view of the controversial focus of frequent cases in practice,combined with the current legal documents such as law,judicial interpretation and other legal documents put forward by the constituent elements of apparent agency to refine the actual construction workers applicable to the standard of apparent agency system.Finally,from the point of view of burden of proof,the author perfects the train of thought of apparent agency identification of actual construction workers,in order to clarify the train of thought of apparent agency system in judicial practice,and to provide a train of thought and scheme for the realistic problem of ‘different judgment in the same case’ involving the apparent agency system.