Study On Construction Contract Of Invalid Construction Project

With the rapid development of China's economy, construction market with each passing day, due to its great contribution to social development, is gradually become a mainstay in the national industry. Therefore, the correct guidance and regulation of construction market, become our country legal system construction of the field that nots allow to ignore. But it is due to the lag of legal system, a lot of laws and regulations in solving practical problems seem to catch forbidden when see the elbow.Today, China's construction market a lot of void construction project contract emerge in endlessly, seriously affecting the orderly development of construction industry,once the construction project quality problems will constitute a great threat to the public person, belongings, therefore void construction project contract has become a huge obstacle the construction industry development. The writing of this article is mainly around the project construction contract invalid problem, through the analysis of the main type of void construction project contract,in the reality to identify invalid rules existing problems put forward some Suggestions. Although the judicial interpretation have to several common invalid construction contract made clear limits,but judicial interpretation has not to effective mandatory rules are defined, lead to the judge in the judicial practice has a very strong randomicity, "different connection with the sentence" situations also appear constantly, greatly reduces the legal authority in the eyes of the public.This article first from our country about the legislative status quo of void construction project contract,analyzes the legislative background of invalid construction contract and the legislation evolution, and expounds the current legislation in order to maintain the value orientation of sacrifice order contract effectiveness. Then summarise the supreme people's court on the trial of construction project construction contract dispute case applicable law question the interpretation of void construction project contract in the four main types, namely the contractor has not obtained the level of construction enterprise qualifications or beyond the level of qualification of the actual construction of contract, not qualified to borrow qualified construction enterprises in the name of the contract and not subject to tender, construction project bidding or successful bid is null and void the contract, the contractor illegal subcontracting or illegal the four main types of construction contract signed of the subcontract works.However, the "explanation" does not cover all the types of invalid in the construction field, therefore, the author on the basis of consulting a large number of literature and the case of "black and white contract" were summarized, and the developer bribery or contractor bribery two types of contract, in addition to the legal main types.In the second part of the article, mainly addresses the identification rules of void construction project contract. Because in the current judicial interpretation about effective forced the norms are too abstract,so in theory there is a big controversy. In order to solve this problem through the mandatory norms to make theoretical study,the Suggestions through legislation or a new judicial interpretation for mandatory rules make a clear definition. Think should be from four standard of void construction project contract, which can identify the laws or administrative regulations, judicial interpretation of contract effectiveness has stated according to the regulations,mandatory standard control object is a unilateral or both sides, inspect the contents of the mandatory norms, from the perspective of social and public interests. Only have clear identification standard, will fundamentally reduce the produce controversy,prevent the judge in the case when excessive join their own subjective factors to judge the case.Due to large amounts of void construction project contract, therefore, the article discussed in the final effect correction principle applied in this field. The third part,first of all, expounds the meaning and background of effect correction principle,secondly discusses the function of the effect correction principle, think correction principle has prompted the subject in the field of building up level of qualification,compensate for the defects in application, and encourage the function of the market.Scope for some scholars to effect correction principle of controversy in theory, based on the jurisprudence and the legislative spirit of contract law, think should moderately expand effect correction principle applicable scope. Because beyond the qualification of contract can be relieved by effect correction is made, then, both belong to the problem of qualification blemish no qualification and borrow accreditation) as well as the "black and white" involved in the contract shall also apply.