Construction Market Business Legal Problems Research Affiliated

Callings is not a legal concept, for the first time, it is also the only takes normative documents in 1992 the form is the supreme people's court on applicable civil procedure law of the People's Republic of China the opinions on some issues.Connecting the product of the emergence of history, but its fate bumpy, status embarrassed. Reform and opening up, the state did not completely liberalized early into the private economy, and realize high threshold for the state-owned economy, joint economy, foreign economy, then provides a series of preferential measures. To enjoy preferential policies, the private economy much take callings state-owned economy, the form of foreign economy development, appeared "wear red", "DaiYang cap" climax, connecting the consequent.With the development of market economy, construction market also appeared a lot of callings phenomenon, which has caused a series of problems, should cause we highly value.This article from the difference with internal contracting ports on, some Suggestions on the ports for connecting the negative aspects of both parties undertake alone, and produce more than internal contracting ports of social benefits. Therefore, we should adjust the attitude of connecting, reasonable utilization of callings.In addition, combined with domestic and international development situation, the current construction of call about law where there are many questionable about, for example, building market qualification administration regulations, the affiliated legal liability, the affiliated effect recognition of the judicial interpretation regulation, all need to be perfected.This paper by the preface, text, endnotes composition. Text by building market callings fang-tsang, building market situation, for the embarrassment of connecting with the name callings--from connecting to the differences between internal contracting paper, building callings system and regulation thinking four components. Among them, the text in the third part of this is the fourth part and the main body part.In the introduction, the background of this paper gives a brief introduction.The first part of the text to callings connotation of call by tracing fang-tsang history, the author found that the existence of cie by history and by choice. Callings and not a legal concept, but now the definition of cie theory about also unable to agree. Through the research of call forms, and most scholars to supervise them through clearly defined, the author puts forward the main characteristics of the ports of call the explicit connotation, and further puts forward the connotation of the construction market callings.Text the second part construction market situation of call embarrassed. Callings as an objective existence, facing the negative evaluation and embarrassing condition. Agent touted Our economic construction of market access system, the transfer ban the contract shall be invalid qualification, contract law, the civil procedure law case of litigants distribution of normative documents construction market take negative attitude.In addition, connecting is always regarded as the government management grand opera, seen as a construction accident, power rent-seeking, is the most important inducement architectural field position and cancer! Affiliated parties view, from people get into affiliated construction market pass, to evade building market mandatory law purpose; By connecting people through a very short period of time to obtain equipment, scale, obtained by lending management fee, and qualification by linked units agreed to callings not bear to be economical responsibility, the dynamic rise qualification linked units.Text the third part is the name callings-from callings and internal contracting the differences between one of the highlights of this paper is discussed. By introducing the concept of internal contracting, and basic characteristics of the internal contracting with ports were compared. Compared with internal contracting is legal affirmation and affiliated with the internal contracting existence situation of ties, many developers contact more than the way by fake internal contracting do reality of the ports.Then, the author to two simple example analyses and compares the internal contracting form of ports, and be linked units cie economic interests of analysis, found callings compared with internal contracting, actually is the responsibility of the social deny additional in between the parties, and the society cie didn't produce adverse. Therefore shall be sure (cie),.The fourth part of architectural callings system and regulation thinking. This section contains of market access system for the thinking and to the civil procedure law of the parties of the provisions of cie for construction contract amended, explained the thinking, enterprises prescribed commerce four aspects rating system.Market access system establishment as a prior adjustment to improve the way into the market, although the enterprise subject quality to have the positive role, but combined with the actual construction market there are many difficulties and problems. Therefore, in the course of construction to be restricted market access system intervention scope and national regulation dynamics;Connecting with the court, the main position by callings and was prescribed as general litigants affiliated units, but the principle of combining the civil procedure law, so the legislation does not reflect legal clarity requirements. According to the principle of civil procedure law, the paper puts forward a affiliated parties to civil lawsuit legal status definition of perspective;The judicial interpretation.about construction contract is confirmed as invalid but acceptance, regulation can refer to the original price contract agreed decision. HuangSong have deputy dean of specified purpose though understanding read, but so do not accept the provisions. The author thinks that determine the compensation cost should be taken into account in seeking truth from facts, and the principle of autonomy;Enterprise establishment, change the industry and commerce registration program trival and supervise them there is a close contact, produced the fact that higher cost procedures for business purposes, through callings realize also exist helpless in the sponsors. Thus, the urgent reform the existing industry and commerce registration system, simplified registration and examination and approval procedures, build the market main body free competition economic environment.Epilogue is summarized and generalization of this paper.