Study On The Legal Problems Of Actual Construction Workers In Construction Contract Disputes

Over the past thirty years,with the rapid and stable development of China’s economy,the construction industry is also developing,and the disputes cases in the real estate,workers related cases emerge one after another.Therefore,groups of small enterprises without corresponding construction qualifications,such as labor contractors,migrant workers’ teams,and those with low-level qualifications,have been involved in the establishment of projects through illegal subcontracting or qualified loans,this has led to a lot of confusion.As construction workers are at the bottom of the construction chain,how to protect the lawful claims and interests of the parties is an urgent issue that needs to be addressed in legal practice.In the above context,including the principle of confidentiality of contractual rights,principle of priority of rights and the principle of privilege of property rights,and introduced the system of actual builders.By standardizing and protecting the actual construction workers,we can addressing the protection of the rights and interests of agricultural workers and their families behind the actual construction workers.However,there are many legal gaps in the current system of real constructor,and there are variation in learning about the legal provisions when the courts adjudicate the construction contract disputes,in reality,different decisions on the same case take place frequently.In this study,we analyze the dilemma of judges in actual construction in judicial practice,ensure a compromise between the interests of all participants in the construction project.This paper examines the focus of contention in the first trial,second trial,and retrial,examining the concept of actual construction personnel,and proposing the reasons why actual constructors have been safeguarded from the issue of actual constructors in practice.Ultimately,the determination should be based on the efficacy of the agreement,the performance of the construction obligation,and the relationship with the legal constructors-taking a classic case as an example.This paper analyzes the nature of the joint liability,supple mental liability or independent liability of the employer by addressing the load of evidence between the employer and the agricultural workers.Theorizing and applying the judge’s opinion to prioritize the construction of the right to compensation,as well as whether agricultural workers should be granted the right of priority in construction works,has been a highly contentious issue.Various opinions have been put forward on this matter.