On The "Yin Yang Contract" Of Construction Project Validity Determination And Judgment Rules

In recent years,with the rapid development of the real estate industry,the construction market is booming,which has led to a series of contract disputes,among them the“Yin-Yang Contract”problem is the most controversial and difficult dispute to determine.It is the product of our special national conditions.Although it started late,the rapid development of China's engineering field has resulted in frequent market chaos.In order to improve the construction market,the State carries out the bidding system for large-scale engineering projects,so some enterprises and individuals began to conduct illegal transactions under the expulsion of interests,which resulting in the phenomenon of “Yin and Yang Contract”.This phenomenon greatly increases the transaction risk of both parties and seriously damages the judicial dignity and the stable development of the construction market in China.In order to solve the problem of “Yin and Yang Contract” in construction project.First of all,it is necessary to clarify the general problem of“Yin-Yang Contract”and its special form in the field of construction project.Based on the analysis of the specific case of “Yin and Yang Contract”,the following problems can be found: First,there are legal limitations in the validity determination of “ Yin and Yang Contract ”.Which are embodied in the following aspects: First,the law and judicial interpretation of “Yin and Yang Contract” were formulated earlier,and some of them have been unable to adapt to the changing situation of current construction market transactions.Moreover,the relevant laws and regulations tend to evade its validity determination;Second,the judicial rules of“ Yin and Yang Contract ” are sometimes confused,and it often appear different judgments for the same case.Secondly,it is difficult to determine the validity of the “Yin-Yang contract” in construction project,the legislature should improve the relevant laws and judicial interpretations.The specific performance are as follows: To improve the Contract Law of the People's Republic of China,the Law of the People's Republic of China on Tenders and Bids and the Interpretation of the Supreme Court on Certain Issues Concerning the Application of Law in the Trail of case Involving Project Construction Contract Disputes(I)and(II)to make up for the legal loopholes.As for the confusion of judicial rules injudicial practice,it is theoretically suggested to establish the identification way of substantive change of contract.In reality,judicial practice organs should unify the referee rules of the validity determination and settlement rules,so as to improve the current situation of judicial practice.Finally,through the analysis of the two dilemmas of “Yin and Yang Contract” in construction project,this paper try to standardize the behavior of each main body in the construction field and seek the solutions to ensure the fairness and orderly competition in the construction market so that the construction project can meet the standards.It can also improve the judicial environment,administrative supervision and social environment for the “Yin and Yang Contract ” in construction project,and it can also help the national construction administrative departments to supervise construction project and introduce reasonable regulation policies to eliminate this phenomenon completely,so as to ensure the healthy and harmonious development of the whole market.