浅析建筑工程带资承包的法律规避

Analysis on Lawful Elusion of Contracting with Own Capital in Construction Engineering

目前国内建筑市场比较混乱,存在着许多违法操作,建筑企业"带资承包"就是其中一种比较普遍的现象。本文首先明确了带资承包的概念,分析了其违法性,接着详细介绍了现实生活中存在的四种变相带资承包的形式,同时,阐述了带资承包在我国屡禁不止的原因。最后对带资承包作一小结,并提出相应建议。

At present, the construction market in China lies in some disordered condition and there are lots of unlawful cases, contract with own capital is one of them. In this paper, the conception of contract with own capital is defined and its harmness is analyzed. Then, four forms of contract with own capital in the real life are introduced. At the same time, the reason why it is unable to be forbidden in China is analyzed. In the end, the authors put forward their suggestions.