Study In The Legal Issuse Around The 'Double Contracts' For Constrution Projects

'Yin and Yang contracts'are among the hardest problems in the field of construction project contract management. There are a lot of problems in the explanation of the supreme court of law for'double contracts'. It has seriously affected the normal order in the construction market of construction industry. It is one of the most important sources that resulting in the bond disputes, illegal sublets such as subcontract, damages migrant workers rights, engineering quality accident and so on. How to effectively stop black contract is one of the hot topics that has been concerned in legal.Although Contract Law of the People's Republic of China ,the Bidding and Bid Law, of the People's Republic of China has the legal issues about such issues and the supreme people's court issues the explanation on the construction contract dispute case inquisition applicable law , judging from the practice, the effect is not very ideal. Because the cause of the double contracts is very complicated, the social harmfulness is larger, and with the civil legal relation of administrative legal relationship between double properties, and the existing laws and regulations of the legal effect of such contract the judgement is not perfect, so it is the extremely vital significance to study such contracts of construction industry for the healthy development of the construction industry.This paper mainly divided into five parts. The first part firstly introduces the meaning of Yin and Yang contracts of construction industry and analyzes performance characteristics from the subject, object, content, form and so on. The second part analyzes the cause of Yin and Yang contract of construction industry from four aspects.They are the particularity of construction contract, the imperfect of public bidding management system,the market situation and the dual nature of the contract law relations.The third part analyzes the social harmfulness from three respects that a national interests respectively the buildings are damaged and normal order of the market economy interference, engineering quality guarantee, the people's life and property loss of safety and security has been threatened.The fourth part begins with the definition of legal relationship between the double contracts ,then describes the law governing the contract, and analyzes the present situation of legal validity. The author thinks that in the judicial practice the double contracts should be recognized as valid contract according to the legislative spirit. Meanwhile in the fifth part puts up relevant measures to stop the double contracts. It mainly includes that sound management system, the implementation of the bidding project funds payment guarantee system, perfect the relevant legislative activities, strengthen building market supervision to create industry credit system.