Research On The Phenomenon And Legal Problems Of Affiliation In Architectural Engineering

Affiliation refers to the behavior of enterprises that do not meet the requirements of qualification level to engage in engineering construction business activities through qualification borrowing.In the field of Construction Engineering in China,it has become a "shortcut" and a "secret" of the industry to make up for the defects of the main qualification by affiliation.The reason is mainly attributed to the spontaneity of the development of China’s market economy environment and the pursuit of economic interests,which makes the problem of affiliation behavior can not be solved.In view of the phenomenon of project affiliation,there are two views at present.The mainstream view is to hold a negative attitude to the affiliation behavior.It is believed that the development of the phenomenon of project affiliation not only causes visible practical disadvantages such as destroying the market order and endangering the project quality,but also lays a long-term major hidden danger for the future standardized development of China’s construction industry and even for the industry competition of the whole society At the same time,the identification of affiliation behavior also has a voice of support.It is the performance of making full use of idle social resources,which has a huge stimulating effect on economic development and provides a good opportunity for the realization of efficiency maximization.Therefore,the author believes that,based on the controversy,it is of great practical significance to conduct case analysis,investigation,and systematic theoretical analysis and practical research from the legal level.In order to understand the behavior of hanging up systematically,this thesis is divided into the following parts: in the introduction,the comparative analysis and exposition of the qualification management mode at home and abroad is made.The author believes that the appearance of the hanging behavior is the inevitable result of the development of the qualification management mode in the field of Construction Engineering in China,To a large extent,the solution of the behavior of attachment must take into account the background of qualification management mode,and put forward suggestions for the improvement of the behavior;In the process of theoretical elaboration of the act of attachment,through the distinction between its definition and similar concepts,combined with case analysis,the legal characteristics of the act of attachment are clarified,and the nature of the act of attachment is analyzed in depth,and the scope of the research object of this thesis is the illegal hanging behavior.In discussing the causes,hazards and current situation of the affiliated behavior,we will explore many ideas by consulting and consulting the project manager of M Construction Co.,Ltd.of S City,Anhui Province,and communicating with the judges of a court in Hebei Province.Especially in the cause analysis,it is expounded from various dimensions,and at the same time,the author also discusses the reasons of the behavior,From the judicial point of view,the author analyzes some common problems in the trial of the case of affiliated disputes.Finally,it puts forward some suggestions from the aspects of legal regulation,supervision,talent team and credit construction: perfecting the legislative basis;To enlarge the scope of supervision and broaden the supervision mode;Strengthening the construction of judicial team and strengthening the construction of credit system,from the above four aspects,we can provide perfect suggestions for curbing and solving the behavior of our country’s dependence,and strive to add bricks and tiles to the development of the construction industry and promote its benign development.