The Field Of Building Construction Contract Of Yin And Yang "research

Due to the imbalance between supply and demand of construction market, increasingly fierce competition among enterprises, construction enterprise in order to get the chance, had to promise the construction unit's demanding conditions or offered more favourable conditions. But these conditions can't write into the contract which has been recorded by the administrative departments, the parties shall sign "black and white contract". Meanwhile, construction market main body's law consciousness also resulted in "black and white contract" problems also. The contractor doesn't use legal weapon to protect their own rights and interests, but deceives his superiors and deludes his subordinates. Therefore, the current construction market "black and white contract" problem is very outstanding, urgently to be thoroughly solved. This paper is divided into five parts in order to explain the " black and white contract" thoroughly.Part 1:first of all, the construction contract will be briefly introduced. " Black and white contract " exists not only in construction field, but also in the field of building business and other fields, this paper will introduce construction field's " Black and white contract".Secondly, it will analyse the construction field's " Black and white contract " problem and it's characteristics in order to find the solution.Part 2:First, we will analyse the irrationality in the "Black and white contract" from freedom and justice aspects of the fundamental principle of contract law. Secondly, we will analyse the validity of the "Black and white contract" according to the laws and regulations. Thus providing theoretical guidance for the judicial practice.Part 3:Due to the complexity, ong-term and dynamic of the project, the change is inevitable. Project changes and "Black and white contract" has many similarities in performance, so this part will first introduce project changes briefly. Then, we will compare the project changes and "Black and white contract" in order to get the differences. Part 4:The judicial interpretations of the supreme people's court in 2004 has great influence on the solution of "Black and white contract". This part will analyse the judicial interpretations and get it's contribution and problem.Part 5:This section will explore the solution of "Black and white contract" from system design and credit system, legal system construction in order to perfect the preject guarantee system, bidding system, anti-unfair competition system, engineering supervision system and establish construction market credit system, legal system, gradually removing " Black and white contract" phenomenon.