The Research On Legal System Of Ineffective Construction Contract

China's economy has been growing rapidly since the reform and opening-up policy was introduced,the construction has became the pillar industry of the economy as a result.While the ill contract behavior including acts in violation of laws and regulation and the unfair competition occurred frequently owing to the imperfection of building law and tendering and biding law following with the rapid development.The appearance of these contracts not only makes the normal development disorder,but also affects the construction project quality seriously which endangers human being and their properties.Therefore,it is extremely important to standardize the contract administration.This thesis is to identify the invalid construction contract in theory and practice,through summarizing the laws and the relevant provisions of the judicial interpretation with actual construction situation in China.This thesis will conclude several common invalid construction contract types in the construction contract field and make comments towards the validity of the contract and the handling methods.The thesis,identifying the validity of contracts in construction contract field through three aspects,will conclude several kinds of situations in invalid contract and which could have an impact on the validity of contract,and investigate the potency correction under the circumstances of invalid construction contract and the legal consequence of invalid contract combining with the current situation of legislation in China's construction contract.In the end of the article,the settlement issues with invalid construction contract were described.The third part main deals the legal consequence of invalid construction contract,and highlight the theoretic access and legislative access of the legal consequence in the invalid construction contract.The thesis provide a legal base in contract processing,and clarify scientifically how to deal with the invalid construction contract in legislation.,strive to offer beneficial effects to juridical practice.This article started with analyzing the particularity of the construction project contract,since construction project's particularity in large subject matter,long period and large sums of money,as well as the serious social problem after being identified to invalid contract simply because of its illegality.Consequently,on the basis of the laws and the relevant provisions of the judicial interpretation,this article will find the balance point between the interest of the contractor in a weak position and the project contract with defects in the construction project contract.Under the promise of ensuring the construction project's quality,we should combine the legal juridique with value judgement to promote the healthy development of our country's construction.