Research On The Protection Of The Rights And Interests Of Actual Constructors

Since the reform and opening up,China’s construction industry has developed rapidly,and has made a lot of achievements in the field of infrastructure construction.In the construction industry,a large number of actual construction workers have been produced,but in the legal aspect,the documentation for such actual builders is incomplete.Although the actual construction workers are not migrant workers,the protection of their rights and interests is closely connected with the protection of the rights and interests of migrant workers,which means whether the rights and interests of the actual construction groups can be properly safeguarded,it directly affects the harmony and stability of the people’s livelihood of the whole society.The Supreme Court successively issued the judicial interpretation of Construction Engineering(I)and the judicial interpretation of construction engineering(II).After the promulgation of the Civil Code,the Supreme Court issued the new judicial interpretation of construction engineering(I),the contents have all stipulated the rights of the actual construction workers,but neither has any detailed stipulation,and due to the lack of legal basis,the concept of the actual construction workers,the basis of their claims,the rights and obligations of the border,how to protect the rights and interests,in judicial practice has been constantly controversial.In order to protect the legal rights and interests of the actual constructors,this paper explores the concept of the actual constructors,determines the scope of the actual constructors,subrogation rights,and puts forward a series of legislative proposals.This paper is divided into three parts.The first part is to define the basic theory of the actual construction workers,focusing on why we should protect the rights of the actual construction workers,the protection of the rights of the actual construction workers of the theoretical basis is what.The second part is from the legislative and judicial aspects,the study in judicial practice of the actual construction of the protection of the rights of the status quo and through case analysis,pointing out in the legislative,judicial protection of the actual construction of the rights of the shortcomings.The third part mainly is unifies the preceding article regarding to the actual construction person rights and interests protection question analysis,proposes the consummation proposal.It is believed that with the country’s economic development,the diversity of migrant workers’ rights protection system,the actual construction system will be more perfect.