On The Effectiveness Of "Black And White Contract" In Construction Project

Long-term since, our country construction project construction contract disputes, often appear the contractor and the employer on the same project signed the phenomenon of "black and white contract", easy to produce in the engineering project payment and settlement of disputes. The first chapter of this article is aimed at this phenomenon, put forward the problems in the judicial practice, the effectiveness of the "black and white contract" and settlement problem.China’s existing legal norms "black and white contract" dispute mainly has "contract law", "building law, bidding law", and "the supreme people’s court about the trial of construction project construction contract dispute case applicable law problem of interpretation. But the law to deal with the problem of "two kinds of contract" has many problems, the law itself is a lot of defects, the second chapter focuses on analyzing the defects of the law itself.In addition to the current law inherent defect of the judicial process by using the legal method is also lead to the important reason for the dispute of "black and white contract" difficult. So, need to introduce a new legal method to reconcile the rights and interests of the parties-interest measure. In this paper, the third chapter is according to the characteristics of the "black and white contract disputes, expounds the inevitability and necessity of interest measurement.The fourth chapter of this article is a general principle of benefit measure should follow, and combined with the particularity of the "black and white contract" dispute, interest measure method is put forward in the treatment of the "black and white contract" should follow the principle of the special dispute.Finally, in chapter 5. The author based on the principle of benefit measure, combined with the specific case, using the interest measure concrete operating methods dealing with "black and white contract" effect and settlement. To handle "black and white contract" for the judicial practice in our country put forward dispute has guided the interests of the measure.