| The vigorous development of construction engineering field has become a pillar industry of the rapid development of Chinese economy.It is because of the rapid development,the lag of industry norms appears accordingly,which leads to endless legal disputes,among which there are many differences in the identification of the agent behavior of project managers.However,only Article170 of the Civil Code has provisions on job agency.However,this article is macroscopic,and it is difficult to solve the complex identification of project manager’s behavior and responsibility in practice.Therefore,it is necessary to clarify the relevant identification requirements.By analyzing the overall situation of cases in this field,this paper selects representative cases to analyze the controversial points.One is the identification of the nature of agent behavior of project managers,which mainly distinguishes the nature of duty agent and apparent agent.Second,whether the behavior of project manager constitutes job agency under different management modes.Through the analysis,it is concluded that when the project manager has a substantial labor contract relationship with the construction enterprise,the agency behavior of the project manager executing the work task within the scope of authority should constitute the position agency,while the project manager behavior under the circumstance of affiliation and illegal subcontracting should not be identified as the position agency.Combined with the laws and regulations,the identification requirements of the job agency of the project manager should be as follows: there is no qualification borrowing and illegal subcontracting of the project project,the project manager has a substantial labor contract relationship with the construction enterprise,and the behavior of the project manager is the execution of the work task of the construction enterprise.From the judicial perspective,this paper analyzes the practice and theory around the controversial points,enriching the theory with practice and supporting the practice with theory,hoping to provide a more reasonable applicable scheme for the identification of the agency behavior of the construction project manager. |
