The Actual Constructor Of External Debt On The Subject Of Human Responsibility

Construction is an important economic pillar industry in our country, not only in GDP occupies the important proportion, the more solves the employment problem of rural labors, for the national economy development and social harmony meaning is of great significance. However, China’s construction market is not standard for a long time, and the phenomena such as borrowing qualification, illegal subcontract are very serious, which results in the actual constructor, the Chinese endemic concept. In practice, the actual constructors need their own name signed when purchasing equipment or foreign material lease contract for the construction of the projects. Because their own strength is limited, and the fulfilling contract ability is poor, default behaviors often happen, which causes lawsuit disputes.After the disputes, in order to realize creditor’s rights, they often required construction contractor to bear the responsibility of external debt for actual constructor. Whether the actual constructor should be the body of responsibility, different courts adopt different approaches, for the understandings are different in judicial practice. Some courts hold that the actual constructor should own debt, some courts hold that the contractor should take the responsibility, some courts believe actual constructor should be liable, and the contractor should be liable for additional liability or joint liability. Therefore it’s necessary to analyze the problem.The problems that actual constructor is the main body of responsibility for external debts, mainly involves the contract relativity principle, and agency system. This paper discussed these problems respectively, according to the real cases in practice. In relativity in the problem, although there are some situations such as contract null and void between actual constructor and the contractor, they cannot be the reason for breaking the relativity of contract. Through the analysis of agency’s acquisition, job behavior, agency by estoppels system, etc, the paper states that contractor should not be confirmed to take responsibility of the external debt according to agency system.Through the contract and the principle of relativity agent system analysis, this paper concluded:The princibple of actual constructor taking responsibility of external debt should be confirmed.