Research On Legal Problems Of The Internal Construction Contract System

Internal contract system has its rationality, science, in practice, to fully stimulate active initiative contractor, promote enterprise innovation management. The system in the pursuit of interests, but also be able to control the quality of housing construction, ease the pressure on enterprise funds, to effect a reasonable economic development. At the same time, in practice, the internal name of the contractor, in fact, anchored, the situation of large numbers of subcontracting, and the existing laws and not affiliated with the internal contracting, subcontracting strictly defined and divided, so that does not have a lot of professional construction team and construction quality of the construction quality can not reach the quality standards of the law enforcement structures. On these issues, from a legal perspective on issues related to conduct construction contract contracting internal analysis and research, aimed at the implementation of existing laws and regulations on the construction contract system for effective internal normative guidance, so that the system can be scientific, continued development, and promote the healthy development of the construction market, to achieve practical value of the internal construction contract contracting system.From the perspective of today's theoretical equality of civil subject of civil and commercial contract for internal validity, internal legal contract External relations, rights and obligations of research, the legal status of the internal contract between the two sides more. In this paper, the way of thinking of the whole concept of economic law, differentiated and integrated three characteristics of the construction contract contract system inside the plight of the analysis thinking, problem internal contract system in the plight of poor supervision, to develop construction market access standard, and thus regulate the construction industry, market behavior, to protect public safety and quality of construction products, and promote the internal construction contract contract system deepen reform, making it a scientific, rational and effective contract system.This article is divided into four parts of the construction contract to study the internal contract system:The first part is a basic introduction to the internal construction contract contracting. This part focuses on the concept of interior construction contract to analyze the legitimacy of the legal basis of the internal relations in the contract, the contracting internal state of practice and internal alienation and contracting.The second part is the plight of construction contract contract system running inside revealed. The main part of the conflict between the individual and community interests, the internal contracting behavior brings negative externality benefits, contract system in the internal conflict and balance their own decisions and supervision and management between the trial and the existing views on the internal contracting human body and unreasonable dilemma four aspects of internal contract system in which to analyze.The third part analyzes the basic theory of internal construction contract contracting system. In traditional civil law theory concerns the adjustment of limitations, while focusing on the use of economic law theory to solve the plight of the internal contradictions and contracting system.The fourth part is to improve the internal construction contract contracting system. The main part of the second portion for contradictions raised by the existence of internal contract system, improve the system using the theory of economic law, the corresponding rules of the trial in order to amend the internal contract system.