On The Breakthrough Of The Principle Of Contract Relativity In The Construction Contract Of Construction Projects

As our economy booms,construction contracts are Privity of contract Have been unable to better meet and solve the quality of construction projects and the actual construction workers who bear the wages of migrant workers project price demand.With the development of construction economy and the lag of laws and regulations,it is difficult for judicial practice to satisfy the interests of the multi-subjects in the construction relationship.In this context,it can not better meet the interests of migrant workers.Based on the system of actual constructors,this paper analyzes the judicial cases to seek a new balance of interests for the parties after the breakthrough,so as to better maintain the original intention of judicial interpretationt.Using the faxin platform to conduct big data analysis on the current status of construction Privity of contract breakthroughs,and based on the phenomenon of case data induction,to further refine and summarize the new problems arising from the breakthroughs,in judicial practice,the concept of actual construction workers created by judicial interpretation is not clearly defined,subcontracting and illegal subcontracting are repeatedly prohibited,and the breakthrough of construction Privity of contract has triggered a large number of malicious lawsuits,after the actual construction workers win the lawsuit,the peasant workers are still difficult to defend their rights.The root cause of these problems lies in the breakthrough of construction Privity of contract.Therefore,it is necessary to analyze the legal principle of construction Privity of contract first,to explain the principle of Privity of contract and the principle of breakthrough,and on this basis,to elaborate the logic of the rule of law for the breakthrough of construction Privity of contract,it also discusses the Privity of contract basis for the breakthrough of construction projects.The reason for the breakthrough in the construction Privity of contract is to bridge the imbalance between the interests of the contractor and the actual construction workers,i.e.to empower the actual construction workers in accordance with the principle of fairness in order to resolve the disputes over the payment of works,but under the principle of good faith,empowering the actual construction workers will lead to a new imbalance of interests between the employer and the contractor,to solve the breakthrough problem of construction Privity of contract through the theory of interest balance is to meet the challenge of new interest balance.To redress the imbalance of interests arising from the Privity of contract breakthrough,the following improvement measures should be taken.First,the scope of the actual construction workers should be determined by the substantive criteria,second,adhere to the Privity of contract to regulate subcontracting and illegal subcontracting,strengthen the responsibility of the contractor supervision,and manage the qualification of subcontracting and illegal subcontracting,third,to limit the conditions of breakthrough rights,in addition to the priority of the project price to be compensated not to support,on the one hand,the project price to the contractor default,the project completion of qualified as the premise,on the other hand,taking the subcontractor and the illegal subcontractor inability to pay as the standard,consummates the actual construction worker right boundary;By strengthening the function of peasant workers rights and interests protection in the grass-roots dispatched courts,the purpose of peasant workers protection should be examined in the middle of litigation,and the implementation should be carried out to ensure the payment of peasant wages.Through these measures,we can truly solve the problem of breaking through the Privity of contract in the field of construction engineering and achieve a balance among the three stakeholders.