建设工程合同违反主体强制性规定的合同效力研究-民商法学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Construction activities relate to the safety of life and property of the citizens. It is absolutely necessary that there are special requirements on the qualifications of the contractor and the exercise of the franchise system. It is not only consistent with the legislation of all countries in the world, but also satisfies the needs of architectural practice. China has also adopted the licensing system for construction projects. The provisions of the construction of the licensing system specification consist of law, administrative rules and regulations and so on. The provisions of the law are more general, leaving many matters stipulated in the administrative rules and regulations and the regulations are the most detailed. The provisions concerning the licensing system are mandatory. The contracts violating of the mandatory provisions of laws, administrative rules and regulations are invalid, irrespective of what kind of level the provisions are. The contracts violating the regulations are to be absorbed by the relevant provisions of the Contract Law. The reason why the licensing system implemented in the construction industry is that the interests of the industry of the construction industry and the social and public interests it represents require special protection, thus avoiding a farce and tragedy like “House Dropping Down” and“ House YY ”. Construction contracts in violation of the parties’ mandatory provisions are mainly divided into three categories: does not have the qualification of civil subject, does not have the appropriate level of qualification, and without obtaining the construction license. The second situation can be divided into the following types: without obtaining the appropriate level of qualification, beyond the level of qualification and borrowing qualification grade. The usual types of borrowing qualification include: affiliated, associated, internal false contract, contractor hired as a contractors