Responsibility Determination Of The External Behavior Of The Affiliated Persons In The Field Of Construction Engineering

The construction industry has the dual elements of capital and production,and is closely related to the social public interests.In our country construction enterprise qualification classification management mode,the phenomenon of mutual borrow qualification between enterprises gradually intensified: do not have the qualification of small and medium-sized enterprises have no right to participate in undertake part of the project,only for affiliated construction,and large enterprises can participate in the construction of not actual rely on lending qualification benefits,the actual construction subject is different from the name of the construction main body,further increase the regulatory difficulty in the field of construction.Affiliated people in the name of the affiliated enterprise foreign "economic behavior" caused many controversy: the affiliated behavior and the internal contracting behavior should be how to determine,affiliated project department has responsibility ability,how to identify the affiliated external behavior responsibility of the main body,the responsibility between the main body,etc.,these problems need to be solved.The two parties often hide the illegal facts in the way of internal contract agreement,distinguish the affiliated and internal contract,should grasp the essence of labor relationship.As for whether the affiliated project department set up in the construction process has independent responsibility bearing ability,there are branches and internal institutions theoretically,but there are certain limitations.Among them,whether it is registered has certain reference significance in the determination of the responsibility ability of the affiliated project department,but after the affiliated project department assumes the responsibility with its own property,the final responsibility subject shall be the affiliated person.If the act of the affiliated person carried out in the name of the affiliated person meets the conditions of the apparent agency,the affiliated enterprise shall bear the corresponding responsibilities.The responsibility identification requirements of the affiliated enterprise include: the affiliated person’s transaction behavior in the name of the affiliated enterprise,the representation of the affiliated agent,the goodwill of the counterpart and the imputation of the person.By sorting out the responsibility subject of the affiliated behavior,it is helpful to solve the accountability confusion in practice.At the same time,the clear judicial responsibility is also conducive to guiding the orderly development of the construction industry.