Study On The Legal Problems Of Construction Contract Invalid

China is a major construction industry, as a national economy based industries, the status of the construction industry plays a decisive role. With the vigorous development of the construction industry, the construction of the field of engineering related legal issues also will continue to increase. At the same time, due to the large investment in construction projects, the construction period is long, the technical specialty is complex and involves the wide range of content. Our country has carried on the procedure of the construction project contract, the qualification examination of the contract parties, the actual performance of the contract and the mechanism of dispute resolution Unified coordination. Not only improve the relevant legislation,and further carried out a different law enforcement level of strict law enforcement,building market order norms. Although this is the case, but now the actual situation of the judiciary is subject to China's cash economic development and legal system, the current situation of legislation is imperfect, a construction project, from the project approval, bidding procedures, the signing of the formal contract, the contract for the record , The actual implementation of the contract, the completion of acceptance and other links, frequent violations of law. Such as vicious bidding, the establishment of black and white contracts, do not have qualified construction workers illegal contracting, illegal subcontracting, illegal subcontracting and so on. It is precisely because of the emergence of these chaos phenomenon, which led to the effectiveness of construction contracts facing a variety of problems need to be resolved.The current common construction contract, the existing laws and regulations and judicial interpretation of this are clearly defined. However, due to the large number of illegal acts in China's construction market, existing laws and regulations and judicial interpretation can not meet the needs of judicial practice. At the same time, in some cases, the construction project contract is not valid in the theoretical field is also controversial, making the trial staff involved in the construction project contract and the consequences of the relevant cases, encountered many obstacles.Through the introduction of two cases, this paper explores the main cases of ineffective construction contract, the special contract invalid situation (such as black and white contract) and the legal consequences after the ineffective construction. The author reviews the laws and regulations related to the construction project contract,such as the "Construction Law" and "Bidding and Bidding Law". On the basis of collating, analyzing and summarizing the information that has been consulted, the author has carried on the in-depth analysis and reflection. As a judicial staff working in the courts, the author writes that the purpose of this paper is to elaborate on the theory and practice of the types of cases that are ineffective in relation to the construction contract, with a view to contributing to the judicial trial practice.