Research On Civil Legal Status Of Department Of Construction Project

Project department is of different types,internal contracting system,subcontracting,subcontracting and anchoring.The project department that carries out industrial and commercial registration and has obtained a business license belongs to a branch company,is a branch of a legal person,and is not the project department discussed in this article.The project department has the legal characteristics of organization,non-independence,and attachment to the company.The legal positioning of the project department in the theoretical and practical circles has not formed a unified positioning.In theory,there are mainly internal institutions and branches.In practice,the legal positioning of the project department is also inconsistent and unclear,which leads to different recognition of the legal responsibility of the relevant project department.In the trial practice,there are cases in which the project department and the legal person are listed as joint defendants,the project department and the person in charge of the project department are listed as joint defendants,and the project department is listed as the third party.The main reasons are that the civil subject qualifications of internal institutions and branches are not distinguished,the responsibility of the project department is unclear,and the different types of project departments are not distinguished.The project department discussed in this article is an internal institution with a legal person,has a functional purpose,does not receive a business license,and does not open a bank account.Such a project department does not have the qualifications of a civil subject,does not have independence in the sense of the subject,does not have independence in the capacity of intention,and cannot independently assume civil obligations.The relationship between the project department and the legal person actually refers to the relationship between the project department staff and the legal person.Regarding the relationship between the personnel of the project department and the legal person,there are mainly agency statements and representative statements.The agent theory is more conducive to the unification of theory and practice.It should be noted that the application of agency theory in the field of construction should pay attention to a correct understanding of "in my own name",a correct understanding of job behavior,and a distinction between job agency and authorized agency.In determining the responsibility of the project department,it should be made clear that the project department does not have the subject qualification of litigation,and the establishment of a legal person should be the party.The legal person shall be responsible for actions within the authority or authorization of the personnel of the project department.The personal behavior of the personnel of the project department refers to the behavior of the relevant personnel of the project department exceeding the authority or without authorization,but carrying out civil activities in the name of a legal person.The personnel of the project department shall bear corresponding responsibilities for this behavior,if the relative person is informed.In the case of subcontracting,subcontracting and affiliation,there are situations where the personnel of the project department and the legal person assume joint and several liability.For the authority issues of the project department staff,such as loans,guarantees and seals,specific judgments should be made in conjunction with the theory of agency.