| In recent years, along with the development of social economy, our construction industry develops fast and become our pillar industry and new point of growth in national economy. Meanwhile, more and more conflicts arise from construction industry, and new situations related to law application emerge in endlessly. Before the supreme court issued the"Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Dispute over Contracts on Undertaking Construction Projects", due to the Contract Law and other law related to construction contracts are principle, each district court has quite different cognition on the law application so as to make quite different judgment, which has brought negative impact on judicial justness, unification and efficiency. the interpretation based on judicial practice experience make concrete provisions on difficult, hot and doubt questions in conflicts of construction contracts. the interpretation plays an important role and has an operation significance in regulating the construction market, protecting legal rights of two parts in construction contract and guiding the judge.The interpretation has issued for one year, in the judicial practice, construction cases have such characteristics: high appeal rate, high rate of changing sentence in the second trial, high rate of re-trial and long duration of trial. Therefore, author adopts the investigation method in the construction cases that Guangxi Court has judged from 2003 to 2005. On the basis of judicial statistics and concrete cases, author concludes such cases' characteristics and puts forward such questions that need pay attention to while judging: contract effectiveness, subject of litigation and identification, as well as point out the shortcomings in the interpretation. Author wishes through this thesis can give some instructions in judicial practice and some advices on perfecting the interpretation.
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