Ningxia Courts Construction Contract Disputes Research Report

Long-term since, due to the construction market action is non-standard problem, construction quality problems, insufficient investment, especially investment shortage and construction market action is non-standard problem caused by the large number of project payment arrears, arrears of wages of migrant workers, unfair competition phenomena such as the frequency, resulting in construction field conflict intensified, relevant number of cases is rising. These questions and the phenomenon caused by the contradictions and disputes in judicial field, concentration is reflected in the construction project contract disputes. While the construction project contract disputes and to try difficulty big, cycle long, hearing both parties to conflicts of civil trial work characteristics has become the emphasis and difficulty in the trial, how the construction contract dispute case, is the people's courts must study and solve the issue.In this paper, by means of empirical studies on Ningxia three courts since 2008 nearly three years trial of construction project contract disputes case investigation, this thesis consists of four chapters:The first chapter of the Ningxia construction engineering contract dispute cases the basic situation. In recent three years on the construction project contract disputes the admissibility of the case and they are the basis of statistical analysis, this chapter focuses on the character of this kind of cases and the main types of the refined and summarized.The second chapter of the Ningxia construction engineering contract dispute cases in the problem of existence and difficulty. First of all, the current laws and regulations and judicial interpretations were investigated, and then points out its shortcomings or gaps; secondly, based on the judicial practice, pointed out the concrete judicial procedure and law application problems and difficulties; third, to the other main problems are summarized.The third chapter problems and difficulty analysis. This chapter is aimed at the problem of existence and difficulty, from the fundamental causes and direct factors in two aspects, analyzed the problems and difficulties existing reasons, find out the crux of the problem.The fourth chapter some advice and thoughts. Based on the former analysis, this chapter from the relevant mechanism to create and improve and solve specific problems and measures and other aspects, the existence question and difficulty of how to solve undertook reflection, put forward specific proposal.