Identification And Rights Protection Of The Actual Constructors In Construction Projects

<The Interpretation 1> issued in 2004 gives the actual constructor the right to directly sue the contractor for breaching the relative nature of the contract,It causes widespread disputes in the judicial community.After 14 years of judicial practice,the promulgation of <Interpretation II> in 2018,give the further safeguarding the rights of the actual construction workers.According to Chinese national conditions,the actual construction workers will widely exist in construction market over a long period of time.Actual construction workers who take construction projects can give peasant some work chances but they also take some risk of Chaos in the construction engineering market and serious safety hazards.Because they have lack of qualification,violation of qualification management,and borrowing qualification.We must protect the right of actual construction workers,because the background is themselves and their family.Which is considered by the Supreme People's Court.For Unclear legislation,the definition of actual construction workers is not clear either.How to protect the rights of actual construction workers correctly and accurately is a disturbing problem for judges,lawyers and parties to construction contracts.This article passes four chapters to explain how to determine the actual construction workers,and how to protect their right.Firstly,explanation the legislative background and the identification of the actual constructors.According to the reason of creating the conception of the “actual constructors” in <The Interpretation 1>,we clarify the conception of the “actual constructors”,including what is “actual constructors”,the domain,form and affirming.Secondly,the author compares the difference of <The Interpretation 1> and <The Interpretation II> about the right and protection of “actual constructors”.And finds the insufficiency in them.Thirdly,According to two typical case,we find that the “actual constructors” have some right,but the clear distinction in different regions.The perhaps reasons are fuzzy recognition,unclear using,etc.Fourthly,the author studies and researches the law of typical countries of civil law system.And finds the advantages of protection of the “actual constructors” in them.According to the investment,the author gives some advises about protection measures,just like construction of a guarantee system for construction contracts.Fifthly,based on the previous conclusions,the author discuss the way of how to improve the affirmation of the “actual constructors” and how to protect the “actual constructors”.To make their legal status further clear,behavior more standard.