An Empirical Study On Breaking Through The Principle Of Privity Of Contract In The Field Of Construction Engineering

In recent years,due to the rapid development of market economy,the construction industry is also expanding,the disputes in the field of construction projects are also on the rise.In particular,the issue that the actual constructor breaks through the principle of contract relativity to claim the project payment has caused great controversy in the judicial and theoretical circles.Specifically,in the field of construction contract of construction projects,whether the employer and illegal subcontractors need to break through the principle of contract relativity to bear "joint and several liability" has also been regarded as one of the focuses of the study.Especially in the case of layer-by-layer subcontracting and illegal subcontracting,how to accurately analyze the relevant contract relationship,reasonably define the contract counterpart,better protect the rights of all parties,and then maintain market stability is worth in-depth study.Although the Supreme People’s Court has issued and revised a series of judicial interpretations and made relevant provisions on the issue of the actual constructor’s breach of the principle of relativity of the contract to claim the project payment,which has solved the dispute to a certain extent,there are still relatively large disputes on the determination of relevant concepts in the judicial interpretation,which can be seen from a series of effective judgments,In judicial practice,solving the problem of project arrears has not reached the state expected by legislation.Therefore,a reasonable definition of the identities of the parties involved in the construction contract of a construction project is crucial to clarify the relationship between the construction contract and solve such problems.Based on the above analysis,this paper first makes a corresponding analysis of the provisions and theories of breaking the principle of relativity of contract,summarizes and summarizes the current views and basis of the theorists on breaking the principle of relativity of contract,and provides theoretical support for the introduction of the topics discussed in the paper in the next step.Then it introduces the situation of breaking through the relativity of contract in the field of construction contract of construction project,and analyzes the views of the practical circles about the actual construction personnel breaking through the relativity of contract and advocating the project payment.On this basis,according to a large number of public judgments,through different angles,analyze the factors that may affect the judge’s judgment in the process of judicial practice,and find out the corresponding law of judgment.Finally,through the above analysis,summarize some problems in judicial practice.Put forward my own understanding and suggestions on breaking the relativity of contracts in the field of construction contracts.The actual constructor should take a cautious attitude when breaking through the principle of contract relativity,and solve the corresponding problems in judicial practice through a series of methods,in order to provide a way to better solve the construction contract disputes.