Research On Illegal Subcontracting Of Construction Projects

China's construction industry has become an important force to drive the development of the national economy and has played a huge role in solving the problem of employment.More and more people are engaged in the construction industry,and at the same time to form a complete set of law and system are also constantly improve and perfect.Although China's construction market has made remarkable progress,but compared with developed construction market there are many problems need to solve.For example,in recent years,illegal subcontracting and illegal subcontracting have emerged in the construction industry in an endless number of cases.In addition,the imperfect employment system in the construction market has led to many disputes over project quality and wage arrears for migrant workers.These only seriously affect the order of the development of the construction market,but also become a difficult point in the supervision of the construction market.The subcontract as a form of advanced optimal allocation of resources,has an irreplaceable position in the construction market,but the problem can't be settled effectively,is bound to cause adverse effects to the healthy development of construction industry,will become a stumbling block to the construction of a harmonious society.This paper,by sorting out the legal problems of illegal subcontracting,makes an in-depth and comprehensive analysis of the emergence of the problems,and proposes solutions from three perspectives of legislation,law enforcement and justice,in the hope of providing a feasible reference for subcontracting management in the construction market.This article only in the perspective of illegal subcontracting construction engineering field,a total of four parts.The first part is to sort out the phenomenon of illegal subcontracting.Introduced the present situation of the construction project in China illegal subcontracting,briefly describes the existence reason and harm of illegal subcontracting behavior.The second part is about the analysis on the legal issues,illegal subcontracting to construction projects.From three aspects of legislation,law enforcement and judicature,this paper puts forward the legal problems of illegal subcontracting in the construction market and analyzes the causes.The third part based on theory of civil law,debt law theory in the application of engineering subcontracting is analyzed;Including the establishment of the contract debt theory analysis,the contract relativity theory,theory of contract effectiveness analysis.The fourth part puts forward the suggestion of strengthening the legal regulation of illegal subcontracting.From the aspects of perfecting the legislation related to subcontracting of construction engineering,perfecting the supervision mechanism of law enforcement,unifying the judicial definition standard,perfecting the jury system of engineering cases,this paper puts forward the preliminary ideas of theory and practice to solve the legal problems of illegal subcontracting.