Construction Project Construction Contract "Borrow Qualification" Responsible Research

In the current judicial practice,various disputes caused by the "borrowing of qualifications" in the construction field are common.This type of dispute is derived from the economic and cultural background with Chinese characteristics."Borrowing qualifications",as a product of the planned economy’s transition to a market economy,once had a positive significance for the development of the construction market,but it disrupted the normal management order of the construction market,and there were many hidden dangers.Take a negative attitude to this behavior.However,it can only be negated whether it can deal with the complicated and complicated disputes in the construction field.In particular,the law’s liability for such disputes is even less clear.Therefore,in the trial process,the courts of various provinces often make discretion and make different judgments on similar cases.This article selects 124 reports of the Judgment Documents Network to conduct a type analysis.By analyzing the basic problems of "borrowing qualifications",it summarizes the problems that exist widely in judicial practice;especially the legal relationship.,So as to clarify the idea of legal liability,and provide a typed solution for the provincial courts how to bear the responsibility of "borrowing qualifications".This article analyzes it from the following three sections:Part Ⅰ: Ask questions.By collating the contradictory opinions of the courts in the five typical cases,the issues to be discussed later are raised.The second part: the basic problems of "borrowing qualifications" in construction contracts.Based on the analysis of the concept and source of "borrowing qualifications",the reasons for its occurrence,it summarizes the characteristics of disputes caused by "borrowing qualifications" and the widely-occurring responsibility problems in judicial practice.Through the legal relationship between the lending qualification party and the "borrowing qualification" party,the legal relationship between the contractor and the contractor,the legal relationship between the contracting party and the "borrowing qualification" party,the analysis of the legal relations paves the way for studying the legal responsibilities of all parties.Part Ⅲ: Type analysis of legal responsibility of all parties.Through the discussion of the legal relationship,the typed discussion of the liability commitments in this part is concluded,and how the two parties of the "borrowing qualifications" in the dispute caused by the "borrowing qualifications" should bear responsibility,How should the Employer be responsible for the "borrowing of qualifications" ?...