Study On Dispute Review System Based On The New Construction Contract

The performance relation and content of construction contract is complicated and controversial, efficient and friendly to resolve the dispute is the common aspiration of the contracting parties. The new version of the construction contract model text that introduces the dispute review system is to provide a friendly,professional and efficient way to solve the dispute of construction contract.Firstly, the author makes a theoretical study on the performance dispute of the construction contract and analyzes the causes, characteristics and common forms of the dispute. Then, under the theoretical study of the dispute, the author proposes the general and specific measures for prevention of dispute, summarizes the way to settle the performance dispute of construction contract in current legal and industry demonstration text, introduces the advantage of dispute review system by comparing the dispute review system with the traditional dispute way of solution and analyzes the cohesive links between with them. Based on the general provisions of the new construction contract relating to the dispute review rule, the author analyzes the five basic legal properties of the dispute review system in China. To understand the basic application of the dispute review system in China through the practical history and expert questionnaire of the dispute review system, by comparing the dispute review rule of the new construction contract with the other three typical dispute review rules,the author summarizes the similarities and differences of the five key issues in the dispute review rules and analyzes the advantages and disadvantages of the rules according to the regularity of the performance dispute of the construction contract.The author also summarizes the main problems of the dispute review system application in our country according to the above research. Based on the dispute law of performance of the construction contract and solving the application problem of dispute review system, the author puts forward legal, social and rules of the three-level recommendations for promotion of the dispute review system.