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建筑施工企业挂靠行为从来就没有作为正式的法律语言或法律概念而出现,但却经常出现在建设行政主管部门的文件中。作为一种社会现象,挂靠行为总是在规范和整顿建筑市场活动中作为治理的对象。在依法行政的今天,特别是建设行政主管部门在治理挂靠行为时不可避免的要实施行政处罚,作为对行政处罚法定原则的回应,对挂靠行为及其法律规定进行一定的法律分析已有非常现实的必要性。
Building construction firm anchoring has never appeared as an official legal language or legal concept, but often appears in the documents of the building administrative department. As a social phenomenon, calling behavior is always the object of governance in regulating and reorganizing construction market activities. Today, according to law administration, especially the construction administrative departments inevitably want to implement the administrative penalties in the management of affiliated behavior, as a response to the principle of administrative punishment, some legal analysis of the affiliated behavior and its legal provisions has been very realistic Necessity.