Research On Legal Problems Of The Construction Project"Black And White Contract"

Construction contract is a special class of contract, which both belong to the field of private law in the traditional sense, but also by a large public authority intervention. "Black and white contract" is the product of this special situations. Our current construction project "Contracts" for identification and their effectiveness is determined, there are many problems. In judicial practice, there are often different court sentenced co phenomenon; in the academic community, on the construction project, "black and white contract" defined, recognized the effectiveness of the dispute is also very common.Identified construction "black and white contract" legal basis, mainly for the "People’s Republic of China Contract Law", "People’s Republic of China Construction Law", "People’s Republic of China Tendering", combined with the relevant regulations, judicial interpretations were considered. These laws,regulations and judicial interpretations, not only the number of related terms, many of them now have a considerable number of years, in practice, the new phenomena and new problems often occur, letter to be discussed. Theoretical analysis and empirical research article by way of the construction project "Contracts" for the validity of the analysis, sort out the relevant theory and found that the existing legislative, judicial some questions and solving ideas.To explore the construction of "black and white contract", we must first set up under what circumstances were identified, clear its constituent elements. By discussing four from the body, forms, procedures, content, construction project "Contracts" for the identification requirements, have a general grasp, so as to clarify what is meant by the construction project, "black and white contract."Legal Problems of construction "black and white contract" process, in addition to the case in accordance with statute and actual circumstances, given the current situation of this kind of legislation is not perfect, in case new problems and new situations are endless, therefore, the basic idea of the necessary reference to the law of contract deal with cases of inadequate legislation, combined with the general pathto deal with such cases in the court trial practice, summed up the general principles of the construction process, "black and white contract". Concrete can never easy to invalidate the contract, to safeguard the legitimate interests of the contracting parties,as well as the rational use of interest measure, determine Construction "Contracts" for the effectiveness of these two areas to deal with such problems.An Empirical Study of the validity of the construction project, "black and white contract" analysis, based primarily on the judgment document relevant court judgments online, using case studies, statistics big way, focusing on the most common of the three-building project "Contracts" for the problem, That bidding system defects, substantive change predicament, the actual construction problems were analyzed. So as to arrive improve relevant aspects of the bidding system,define the content of substantive changes, definitive conclusions actual construction in the state, and to explore ways under the existing legal system, to solve the above-mentioned three specific issues. Among them, the bidding system, mainly clear stages to discuss its impact on the "Contracts" for effectiveness, investigate the status of bid notices, statements of the nature of the project; material scope of substantive changes, major construction projects in the field of analysis, analyzing factors affecting the substantive content; the actual construction, the main analysis anchored form, as well as its internal differences and contracting for determining the effectiveness of the construction project, "black and white contract", to find the right path.Through the above analysis, to determine the construction recognized standard "double contracts", and the problem is determined to provide theoretical support for its effectiveness, and solve some common problems in practice purposes. So as to relevant academic research, judicial practice, to provide a reference.