Research On The Legal Countermeasures Of The Construction Of The Illegal Subcontracting In China

In our country, illegal subcontracting the law banned illegal behaviors exist for a longtime, along with our country construction field management and services layer separation,illegal subcontracting behavior gradually development, has become a big problem inconstruction industry in our country.Illegal subcontracting illegal act was the cause of China’sconstruction market chaos, such as "the root of all evil", has been of important safety andquality accident, to the broad masses of the people’s lives and property caused immeasurablelosses, also make China’s national image.In view of this, our country have issued a series oflaws and regulations, and try to contain the bad behavior.But in the judicial practice, the effectis not very ideal.Laws and regulations in our country although has clear stipulation to theillegal subcontract, but not clear and concrete regulations, it is lack of practical, but also to theillegal subcontracting without clear definitions and standards.Because of this, localgovernments have issued a variety of local laws and regulations, all over the court alsointroduced a variety of guidance.These laws, regulations and normative documents andguidance for its regional, make the cognizance standard of illegal subcontracting vary, someeven contradict each other, causing different sentenced to connection with the embarrassingsituation; Also makes the administrative departments and judicial departments to deal withrelated cases that acted a lack of unified investigation of standard.In view of this, this articlewill from the typical cases of illegal subcontracting in the construction sector, through theanalysis and summary of the case, all the laws and regulations about illegal subcontracting inChina, and find out the problems existing in the laws and regulations, improve and perfect thelaws and regulations is given.