A Research On The Constitution And Validity Of Black And White Contracts In Construction Projects

The phenomenon of black and white contracts often appears in the construction field in China,and the parties to the contract often cause disputes that are difficult for the court to judge.The parties to the construction contract may sign two or more contracts in order to evade supervision.One contract is used for public bidding,which is called “white contract”;the other contract is used for actual performance,which is called “black contract”.This will not only damage the rights of other bidders and the fair market competition order,but also create disputes between the parties to the contract.The parties to the contract dispute will claim that the contract that is more favorable to one party is valid.Since the law does not clearly stipulate the Constitution and validity of black-and-white contracts,the courts do not have a uniform standard for such cases.Therefore,in judicial decisions,there are often different judgments in the same case.The theoretical circles have different views on the black-and-white validity of construction contracts,and they cannot convince each other.So what is the condition for the Constitution of a black and white contract,and what is the boundary between it and the normal contract change? And how is the validity of the black and white contract determined?Based on this,the paper is divided into seven parts including the introduction to discuss the above issues:The introduction introduces the black-and-white contract problem of construction project from a case,proposes the research object of the research object that the article pays attention to,and expounds its current situation and deficiencies in legislation,justice,practice and theory,in order to demonstrate the necessity of exploring this issue.The relevant literature is sorted out and the research methods of this paper are briefly introduced.The first part sorts out the relevant legal provisions on the Constitution and validity of black-and-white contracts for construction projects and understandshow the law regulates this issue.At the same time,the legislative requirements for the Constitution of black and white contracts are interpreted.The second part analyzes the distribution of the number of cases,the distribution of trials,the geographical distribution and the Constitution of the469 cases of black-and-white contract cases in construction projects,so as to understand the relevant situation of the case and find out the value of studying the problem.The third part classifies 469 cases according to whether a black and white contract is established,which leads to the criteria for the judge to establish a black and white contract and the reason for not forming a black and white contract.Then summarize the important criteria for judging whether the black and white contract is established.Finally,it focuses on the analysis of the content requirements of the black and white contract.The fourth part classifies 469 cases according to the type of judgment validity of the black-and-white contract and draws the criteria and reasons for judging how the judges judge the effectiveness of the black-and-white contract in judicial practice.The fifth part combines judicial practice and theory to analyze the shortcomings of judges in determining the Constitution and validity of black and white contracts.Then,based on the Judicial Interpretation of Construction Contracts(II),rethink the Constitution and validity of the black-and-white contract for construction projects,and put forward some suggestions for its future legislation.Finally,based on the above,summarize the general path and the logic behind the Constitution and validity of the black and white contract for construction projects.Therefore,this paper hopes that on the basis of summarizing the practice,combined with the current legal provisions,coupled with theoretical analysis,out of the barriers to the Constitution and validity of the construction project black and white contract.