A Legal Study On The "Black And White Contract" Of Construction Project

The "black and white contract" is the current construction project domain universal existence one kind of unusual phenomenon, this article unifies a piece of case the fact and the judicial ruling, has analyzed the reason which and the present situation thoroughly the "black and white contract" produces, and is further analyzing the current law laws and regulations to be right the "black and white contract" the potency to recognize that the existence difficult position in the foundation, proposed the "black and white contract" the potency recognized must be suitable principle and condition.In this paper, the following discussion of the corresponding levels:The first part occurs through the quotation in a Foshan's related construction project the "black and white contract" the real case, outlines right the "black and white contract" perceptual knowledge, simultaneously asked two questions: first, the "black and white contract" the potency recognized the difficult position, is respects the litigant meaning autonomous or observes the country to the contract supervision value? Second, how to understand the contract substantive provision the change in the case, how to understand that violates the laws and regulations compulsory stipulation the contract potency question.The second part is to the construction project the "black and white contract" the simple outline, and from social, the legal angle summarized the appearance the "black and white contract" the reason, summarized the "black and white contract" the characteristic, the manifestation, and auxiliary outline this article first part of index case in detail by the graph form the characteristic.The third part has criticized the current law, the laws and regulations, the judicial interpretation emphatically and so on to the construction project the "black and white contract" the dispute which as well as initiates from this to potency recognizing: first, "the People's Republic of China Tender Tender" and the ministry of construction related stipulation's nature as well as violates the construction project turn-key contract which these stipulations work out inevitably to be whether invalid? Second, how does the Supreme People's Court "about Trying Construction project Turn-key contract Dispute Case Applicable legislation Question's Explanation" substantive provision's scope limit?The fourth part introduced the author is right the principle which and the condition the "black and white contract" the potency recognized, in right "black contract" on potency recognizing, must from to the contract both parties meaning autonomous respect, to the commercial good faith value maintenance, violate the laws and regulations compulsory stipulation contract by no means certainly invalid angle embarking, is not suitable determines the "black contract" certainly invalid; but only then, in the strict discrimination administrative standard (bans standard) standard with the potency, under the strict definition contract essence provision scope linguistic environment, can recognize the "black and white contract" potency.The fifth part of author the principle which and the condition the potency recognized from the "black and white contract" embarks, has carried on the detailed evaluation to this article index case's decision.