Research On The Legal Problems Of The Phenomenon Of White-black Project Contract

In recent years,the "black and white contract" occurrence frequently,between employerand contractor two contracts signed often occur,which damages the legitimate rights andinterests others and social public interests,resulting in the loss of state property in a waste ofsocial resources.But in the rapid development of city of today,bidding becominguniversal,scarcity and non-renewable land resources at the same time,plus the unique,notnormative and bidding in engineering construction bidding behavior,related bidding personneluse the convenience to circumvent laws or regulations of the bank,signed the contract in blackand white facts have occurred from time to time and growing.Although this kind of illegalbehavior may have legal consequences are especially serious,but increased the transactionrisk,causing the loss of social wealth,and caused bad influence in the society.To guard againstthe risk,should be in the practice of trial of its qualitative and effectiveness correctly,to seektruth from facts.The black and white contract phenomenon in the process of the constructionof many that the uncertainty,there is a lot of debate,that how to affirm the validity of thisphenomenon?The author tries to analysis through a phase of the project Olin gardenblack-and-white contract case.In addition to the introduction,this paper mainly writes from the five parts of the caseanalysis:The first part is the merits Introduction, describes the origin of the case as well as theoccurrence of the whole story.The second part is the case of the dispute.Through refining case fact,the author mainlysummed up the focus of controversy：the contractor and the employer company B inaccordance with the tender documents and the bid documents,the "construction contract","letalone by the contractor undertaking" is valid."Let the letter of commitment" commitment tobe significant Rangli to urban construction,structure of engineering price changes,the "profits"should be regarded as undertaking to determine the construction cost basis.The third part is the key content of this thesis, mainly analyzes the focus ofcontroversy.Legal nature through analyzing the particularity of black and white contract thiscontract in black and white;according to the "black contract" to "white contract" contentchanges to the initial definition of black and white the substantial contents of the contractscope,substantive changes to determine whether they are the substantive content of the;through the analysis of "interpretation" of Article21,the "black contract" sighed in thebefore and after winning the bid of bid of two kinds of conditions to determine the "blackcontract" as the main form;Finally,based on the civil law in respect of business integrity,valuemaintenance,that violations of the laws and regulations of the mandatory provisions of thecontract is not absolutely invalid,proposed should not be determined"black contract" certainlyinvalid view,and thus puts forward strict "black contract" invalid conditions.The fourth part is the system of measures to eliminate the "black-and-white contrat"phenomenon,put forward to improve the market awareness of the rule of law and managementawareness and establish countermeasures to perfect the mechanism of credit supervision tothe construction market,and thus further improve the contract system and suggestions greatlyon the tender side of illegal administrative punishment.The fifth part is the conclusion through the first four parts of the comprehensive analysisand demonstration.