Study On The Legal Issues Of Subordination In Construction Area

This article surrounds the topic of subordination in construction area, is mainlydivided into four parts: the first part is linked with the concept as well as theformation of subordination from the precise definition of its concept, history andcauses. And clarifies the connotation and development process of subordination in thefield of construction, from the description of the characters of subordination in theconstruction area, raised the mode of subordination, the difference between illegalsub-package and sub-contracting and the elusive of subordination.The second part describes the influence of subordination in the bid process,construction process and the perform process of construction contract. And raises theproblem of application of the Bidding Law, Construction Law, Contract Law andConstruction Contract when meets the problem of construction subordination.Meanwhile set forth the damage caused by subordination construction of the rights ofdifferent subject in the different phases of subordination construction.The third part describes and analyses the judicial problem in the subordinationconstruction process. Put forward the difficulties of administrative penalty andjudicial judgment in subordination construction are because of the reasons of elusiveof subordination, the distinction difficult of the subordination responsibilities and thespecificity of construction industry.The last part is through the reconsideration of the subordination in constructionfield, put forward two methods that could resolve the problem of subordination. Thefirst method is separating the interests group and increasing the level of punishment ofsubordination. The second method is the legalization of subordination, from thefeasibility analysis, examination of qualification, supervision and guidance and theforbidden of illegal subordination these four ways to legalize the subordination and toprotect the construction industry.