Research On Legal Issues Of Construction Project Affiliation

In 2019,the added value of China’s construction industry is 7.0904 trillion yuan.The construction industry has already become an important force to promote the growth of the national economy.The comprehensive construction of a well-off society cannot be achieved without the healthy development of the construction industry.The large-scale construction projects and high construction costs involve public life and property safety.Once quality and safety accidents occur,the social impact is very bad and the economic losses are very heavy.Therefore,China implements a strict access system in the construction field,and only construction companies with corresponding qualifications can carry out construction.However,in practice,a considerable number of units or individuals who do not have the corresponding construction qualifications are attracted by the high profits of the construction industry,and borrow the name of other construction-qualified enterprises to undertake the project by paying the anchoring fee.This is commonly referred to as The construction project is under construction.Attaching to construction violates the mandatory provisions of construction legislation on the qualifications of construction personnel,which poses a huge hidden safety hazard to the quality of construction projects,and seriously undermines the order of fair competition and survival of the fittest in China’s construction market.In order to solve the problem of anchor construction,China has issued relevant laws and regulations to deal with it,but these laws and regulations are not perfect and have not played their due role.A large number of anchor construction still exists.Anchor construction is concealed and has various manifestations.How to accurately define the concept of anchor construction and distinguish between anchor construction and project subcontracting is a difficult problem in practice.This resulted in weak administrative supervision and investigations,and further triggered controversy over the validity of the construction contract and civil liability.In order to solve these problems,first of all,by examining the relevant legal regulations and manifestations of anchor construction,this article accurately defines the concept of anchor construction and summarizes its constituent elements,and then distinguishes it from other similar concepts.Secondly,by analyzing the causes and hazards of anchor construction,as well as the legal status,administrative supervision and judicial trial status of anchor construction,we will further deepen our understanding of anchor construction and look for the deficiencies in solving the problems of anchor construction.Thirdly,this article analyzes the legal issues involved in the construction of the attachment.By using the case analysis method and the comparative analysis method,this article analyzes the problems of the legal relationship involved in the construction of the attachment,the creditor’s rights of the project,and the responsibility commitment.Different judges’ opinions to resolve such disputes,and at the same time analyze their own opinions.Finally,based on the current deficiencies in solving the problems of anchored construction,this article puts forward crude suggestions for solving the problems of anchored construction from the perspective of improving laws and regulations,strengthening administrative supervision and management,and unifying the legislative,administrative,and judicial aspects of judicial adjudication rules.I hope to contribute to the development of the construction industry.