| Construction contract is related to public personal and property interests,so the state has introduced a large number of laws and regulations to its regulation,however,the construction market is still chaotic,such as not qualified or beyond the qualification contract project,the construction workers did not qualify and borrow qualification,Illegal subcontracting or illegal subcontracting,the parties in the successful bid for the contract and signed another contract for the actual performance of these acts of law are in the form of mandatory provisions,that is,"should","must","not","Forbidden" forms,and whether these violations of the mandatory provisions of the law does not lead to the failure of the trial practice to resolve the dispute can not be avoided in the link.This paper includes three parts,the first part talks about an important classification about the mandatory provisions and the difference between the validity of the construction project contract to determine the important impact,in order to sum up the violation.The second part is the focus of this article,the author combs the mandatory provisions of the construction project contractual provisions of the existing legislation and the status quo,while the author of the practice of violation of qualification management,illegal subcontracting,The subordinate contract,the successful bidder contract and the signing of another contract to carry out the actual implementation of the case under the construction project contract to a certain degree of inquiry;the third part introduce general legal treatment results of the violation of the mandatory mandatory regulations ledding to the construction project invalid,invalid construction contract will directly affect the realization of the rights and obligations before the parties,which will also have administrative and criminal responsibility,at last,I analyzes the reasons for the inexhaustible contract of construction project in China. |
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