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虽然我国法律法规一直在三令五申禁止建筑企业非法转包、违法分包,但是由于市场竞争十分残酷,非法转包、违法分包、挂靠等行为在建筑市场中仍然屡禁不止,并且经常通过一些手段掩盖实质,披上“合法”的外衣。但是往往“合法”的合同主体并不涉及合同的实际利益,同样也不会去代实际获利人维护权益。然而建筑市场关系着广大农民工的民生问题,也是我国日益重视的问题,在这种市场大环境下,法律上才产生了笔者今天要讨论的实际施工人这一主体。
Although China’s laws and regulations have been forbidden to make illegal subcontracting and illegally subcontracting in construction companies, due to the extremely cruel market competition, illegal subcontracting, illegal subcontracting and illegal calling are still repeated in the construction market and are often covered by some means , Put on “legal ” coat. However, often “legal ” contract subject does not involve the actual interests of the contract, also will not replace the actual profit-making people to safeguard their rights and interests. However, the construction market has a bearing on the people’s livelihood of a large number of migrant workers. This is also a problem that our country pays more and more attention to. Under this market environment, the main body of the actual construction worker whom the author is going to discuss today is legally produced.