Study On The Type And Effectiveness Of "Black And White Contract" In Construction Project

With the rapid development of the real estate market in China,the construction project has become a hot investment field.There are many problems in the process of construction,and the black and white contract is particularly prominent.It has become a common phenomenon in the construction process.Due to the requirements of the national compulsory bidding and the fierce competition in the construction market,some construction units and three organizations began to avoid private sector trading activities in order to seek higher interests,resulting in "black and white contracts".The emergence of black and white contract violates the laws and regulations of the state,disrupts the normal trading order in the construction market,and breeds a lot of social and livelihood problems.In recent years,the lawsuit cases caused by the dispute of black and white contract have been increasing.In the execution of the contract,the two parties can not agree on the dispute and disagreement,and finally make a lawsuit to the court.The two sides are in favor of the construction contract claims court case,how to determine the effect of the authenticity of the contract and the contract shall be based on how to determine which contract as the settlement of project price basis,many problems have brought great distress to the judicial trial.This also affects the progress and length of the trial of such cases to a certain extent,and may even lead to delays in the trial.Therefore,how to grasp the basic principles of the construction of "black and white contract" cognizance,to establish a scientific,fair and legitimate judicial rules,how to correctly apply the provisions of laws and administrative regulations and confirm which contract settlement payments and as a basis,always is a problem to be solved in the judicial practice.In judicial practice,there are many disputes about the method,standard and application of the "black and white contract" dispute case.How to effectively deal with the "black and white contract" dispute cases,achieve the judicialgoal of "closing the case",and better regulate the development of the construction market,has become an important topic for people to hear the current construction contract dispute cases.This thesis is based on a review of construction projects in the field of "black and white contract" causes and types,mainly through the construction of "black and white contract" phenomenon of the existing laws and regulations and judicial practice in the identification of "black contract" effect,combined with the "people's Republic" on the general principles of conspire hypocritical behavior and the legal effect of the provisions of in this paper,the validity of the understanding of the construction of "black and white contract".On the basis of this,combined with the cases in the judicial practice,the legal effect after the validity of the construction project "black and white contract" is determined.