Study On Legal Issues Of Subcontracting In China

As an important pillar industry, construction industry has an more and more important status and role in the national economy of our country, and due to it being as a labor-intensive industry, in the aspect of promoting social employment and transferring the rural labor force, there is an irreplaceable role. So construction industry’s running well or not in China’s economic development and social stability is of great significance.In our country, the subcontracting is the legal act that law bans,but in reality,under the drive of interests, the act banned specifically is long-standing. Some construction projects fall usually into the hands of contractors who don’t have corresponding qualifications or construction technology and management ability.Because of the lack of corresponding construction technique and management organization, a series of major safety accidents happens. Such as: the special major fire accident on November 15 in the jiaozhou road apartment building of Jing ’an district in Shanghai, the tower crane overturning accident in the 5 residence in the Fuma manor of Huairou district in Beijing. These accidents not only cause grave losses for people’s lives and property, but also cause very bad social influence.Beisides, illegal subcontracting behavior may cause project payment default, which causes the problem of wage arrears for migrant rural workers and the leading cadre corruption, these are not conducive to the steady development of our society.At present China’s relevant laws and regulations have made the corresponding investigation,penaltieson,and strengthened the power of investigation compared to the past. According to the briefing announced by the Ministry of Housing and Urban Construction of the People’s Republic of China,we can see the subcontracting of our country has slowly decreased. But because of the lag of the law on illegal subcontracting behavior law regulation, there is still a blank or hole, it is difficult to solve the a series of complex problems caused by subcontract behavior, such as engineering settlement problem, actual constructor’s problems. All these problems is waiting to be solved, so this topic research of problems of construction project both in theory and in practice are meaningful.This topic research start with from the distinguish of construction projects and construction engineering, then I lead to the concept of subcontracting from shallow to deep, and conclude the Legal characteristics and performance. Next, this topicconclude civil liability, administrative liability and criminal liability in our country’s related laws of subcontract, and combined with the practice, draw a conclusion that there is still blanks and holes in the legal regulating of the subcontract, then I summarize the problems of the law of prevention regulation level and processing mechanism leve, and analysis the reasons. Thus, I put forward the proposal corresponded and solve the problems.