On The Validity Of Black And White Contract In Construction Project

Our country is a big country of construction industry. Compared with other industries, in the national economy,the construction industry as a pillar industry plays an important role in the national economy. In the development of the socialist market economy, large machinery has been widely used in China, waving a strong arm in the construction site, and promote the development of China’s economy. But with the vigorous development of the construction industry, legal issues related to the construction field also showed geometric growth trend, and characteristic of the construction industry itself: covers a wide range, long duration, involving the amount, if these problems are not resolved in a timely manner will restrict the healthy and orderly development of the construction industry in a large extent. And the legal issues that have emerged to be resolved, the legal risk of the possible existence of the model is the proper meaning of legal research. Therefore, more prominent in this paper, a construction contract in the field of black and white contract effectiveness related problems as the research object, from the start of the provisions of the contract of construction related laws and judicial interpretations to clear whether the existence of black-and-white contract? If there is, then what is the black and white contract? What is the reason for the existence of black and white contract? How to judge the validity of the contract in black and white? And through the reflection of a series of problems above, put forward the corresponding strategy in order to judicial practice in the field of contract law and perfect legal contribution.In the process of writing this paper, the author reviewed a lot of relates to the construction of the black and white contract books and other scholars have published academic articles, by sorting out and analyzing, the author found that, the existing academic papers and not the premise of construction and contract for effective analysis. That is to say, in the field of construction project contract, for what is real black and white contract did not reach a unanimous conclusion. So, in the field of construction project construction contract, should exist at the same time twoblack-and-white contract, for which a contract valid? Where a contract is invalid? To solve the disputes, especially to solve the engineering payment disputes, whether should apply what is a contract? Still have differences. Because of this, in judicial practice, relating to the construction of the project construction and contract litigation will emerge in endlessly, the number of disputes is not surprising. In order to solve these problems, the author reviewed the associated with the construction contract, such as the construction contract judicial interpretation all "construction law", "contract law" the tendering and Bidding Law "and other laws and collation,analysis and exchange, the law as the basis, a detailed analysis of the white black project contract existence premise(this is the innovation of this paper place) the relevant laws and regulations, and under the premise that the construction of black engineering contract and contract effectiveness of in-depth analysis and on the obligation of dispute of performance should be applied which contract and applicable law should be the answer. So, through a series of issues related to the construction and contract, clear the legal problems existing in the construction of black and white field of contract, and in relation to a series of problems reflection,borrow the theory of law put forward corresponding countermeasures, only hope that the thesis can be helpful for future legal practice and judicial practice. At the same time, the author expects an urgent construction contract parties can enhance the legal awareness, and consciously resist the contract in black and white, nip in the bud, and in accordance with the law to protect their legitimate rights and interests.