The Construction Contract Of The Construction Project Of The Two-level Courts In Shaanxi Province Is Invalid Research On Judgment Views

In recent years,the pillar role of the construction industry in the national economy has become more and more obvious,and the industry prosperity index and entrepreneur confidence index have increased year by year.In 2017,the total output value of the construction industry in Shaanxi Province exceeded 600 billion yuan,ranking 14 th in the country.In 2018,the total output value of the provincial construction industry was 712.515 billion yuan,accounting for 10.4% of the province's GDP.The construction industry of the whole province ushered in a new period of vigorous development.The number of construction disputes cases is also increasing year by year.The proper handling of disputes is of great significance to the smooth and orderly development of the construction industry.Focusing on the invalidity of construction contract,this paper collects 551 judgments and rulings of the above-mentioned courts from China Judicial Documents Network from 2013 to 2018,taking the civil judgments and rulings of construction contract disputes cases heard by 10 intermediate people's courts of Shaanxi Province,Xi'an,Baoji,Xianyang and Tongchuan as research objects.From 140 judgment documents concerning the invalidity of contracts,31 judgments and rulings are selected to study.17 judgment views on the invalidity of contracts and 19 judgment views on the consequences of invalidity of contracts are sorted out.By studying and sorting out the judgment viewpoints of the courts in Shaanxi Province on the invalidity of construction contract,this paper provides case pre-judgment for litigation participants and guidance for legal risk prevention and control of construction enterprises.At the same time,it points out the problem of combing the opinions of the judgement,and compares them with the opinions of the Supreme People's Court and other provincial courts,and makes a legal analysis of the opinions.On the basis of full comment on the view of invalid judgment of construction contract,this paper puts forward some suggestions on how to unify the view of judgment and standardize trial management.