Black-and-contract Legal Regulation Of The Construction Works

The phenomenon of White-Black Project Contract extensively exist in the building market of our country, and leads to negative results such as default of construction debt layer upon layer, low project quality, and disorder of building market, which restrict the healthy development of building market in our country severely. Therefore, it's very important to regulate on White-Black Project Contract.At the present time, regulations on White-Black Project Contract are operating primarily through post-judgment of private law and Prior administrative supervision. The private law, which is built on the base of abstract and equal individual with a core of freedom of contract, can not regulate White-Black Project Contract effectively, in which the actual position of persons involved is unequal. And according to government failure theory, administrative supervision on White-Black Project Contract is insufficient, too.This thesis is centered on completing the regulation system on White-Black Project Contract. First, it definites the phenomenon of White-Black Project Contract, and points out there are many categories in practice, such as forcing price up in confidence, mat endowment, forcing price down, duration compression, illegal subpackage or subcontract and so on. Second, it analyzes the limitation of currently existing private law or administrative supervision on White-Black Project Contract. Third, it dissects the reason why White-Black Project Contract comes into being. At last, it makes suggestions on completing the regulating systems on White-Black Project Contract.