| Illegal subcontracting is not only a hot issue in the field,but also a difficult problem in judicial practice.Especially in the context of the EPCM MODEL,the application of relevant laws is unclear,making the issue of illegal subcontracting more complex.In this paper,from the existing legal provisions,summed up the law of illegal subcontracting to consider the comprehensive factors,illegal subcontracting is divided into four types,and the combination of judicial practice to analyze the problems of each type of identification.In the non-qualification subcontracting type,it is considered that this type violates the limitation of the law to the contractor,and the appearance of qualification corresponding to the construction content is the key point;the second subcontracting type,it is considered that the type violates the limitation of the law on the subject of contract award,and from the original intention of the legislation prohibiting the type,it is considered that the malpractice in judicial practice is determined only by "number of times",then summarize the scope of subcontract content,content identity and the need to identify the rules;In the main subject subcontracting type,it is considered that on the basis of clearly defining the main structure,it is more important to distinguish different general contract modes and prevent misjudgment;In the non-consent subcontracting type,in view of the prominent problem of practice,that is,"labor subcontracting conceals engineering subcontracting," This paper sums up the rules of accurate confirmation based on the essential difference between Labor sub-contract and engineering sub-contract,the subject of the contract,the content of the contract,the object of the contract and the basis of the calculation of the contract price。... |
