Research On Civil Liability Bearer Of "Affiliation" In Construction Work

With the development of China’s economy,the construction industry has become an important force driving the growth of the national economy.The market competition in the construction industry is becoming increasingly fierce,and the legal risks in each link of construction are also increasing day by day.The phenomenon of "affiliation" exposed in the field of construction has seriously damaged the order of China’s construction market.Although the law of the People’s Republic of China(hereinafter referred to as "building law"),"the contract law of the People’s Republic of China(hereinafter referred to as the”contract law ")and "construction engineering quality management regulations" and other laws and regulations for the construction of the affiliated problems are involved,but the regulation is not clear,to have clear responsibility,to the judgement of the problems in the practice.In the cases involving the affiliated disputes of construction projects,the parties,lawyers and judicial personnel have different interpretations on the theoretical issues such as the definition of affiliated disputes,which often leads to different case handling results.This paper the author will be divided into five parts as a whole to the construction of civil liability of call,first of all,the first part the author through to the port of X company and build X bureau five two cases and the introduction of the verdict,compared to two copies of the verdict,combined with the case and practice sums up the three disputes,the legal attribute of call construction,construction linked the two sides are jointly and severally liable if,building the basis of affiliated parties shall be jointly and severally liable.The second part of the article is the theoretical analysis of the above controversial focus and put forward their own views.This paper the author will be divided into five parts as a whole to the construction of civil liability of call,first of all,the first part the author through to the port of X company and build X bureau five two cases and the introduction of the verdict,compared to two copies of the verdict,combined with the case and practice sums up the three disputes,the legal attribute of call construction,construction linked the two sides are jointly and severally liable if,building the basis of affiliated parties shall be jointly and severally liable.The second part of the article is the theoretical analysis of the above controversial focus and put forward their own views.