Study On The Legal Problems Concerning "Black And White Contract" In The Contract Of Construction Project

As the construction market develops and expands, the number of cases about construction contract disputes has been increasing, with new types emerging and complexity deepening. The "Black and White Contract" in Construction Project causes the author's attention. As its relevant legislation is imperfect, there exist different views in the judicial practice of "Black and White Contract" for a lack of clear definition about its effectiveness. Besides, different judgments are made because of different individual understandings, thus damaging the severity and unity of law. The "Black and White Contract" has the legal effect of uncertainty. It will easily cause contract disputes and increase trading risks, which threatens the security and stability in the transaction of the construction market. The "Black and white contract" will continue to worsen the adverse effects, causing a series of social problems such as "defaulting of payments," "wage arrears for migrant rural workers", "multilateral debts" and etc..The first part is about the definition of the "Black and White Contract". Centering on the basic issues including the meaning, types, forms of the "Black and White Contract" and differences between the contract and its changes, this part intends to make a scientific definition based on a deeper understanding. The problems in the regulations of the "Black and White Contract". Discussed in three aspects, namely the legislative, judicial and government supervision, this part highlights the flaws of the "Bidding Acts" 46 and "Interpretations of the Applicable Laws on the Trial Disputes in Construction Contract Cases" 21, analyzing the defects in government regulation.The third part is about the identification of the legal effect of "Black and White Contract". To begin with, it describes the basic standards about how to identify the effectiveness of the contract. Then, the guidelines and involving problems during the process of identification are proposed. Finally, according to the specific circumstances of the "black and white contract", its effectiveness is identified.The fourth part gives some proposals about regulating the "Black and White Contract". The uncertainty of the contract's effectiveness is not conducive to the orderly development of the construction market. From the aspects of perfecting relevant laws and regulations, increasing supervision and creating credit environment, the author puts forward multi-angle, multi-level proposals about regulating the "black and white contract", improving the trading situation of the construction market, and guiding its healthy development.