Legal Analysis Of Contract Dispute Case Of Dongsheng Weiye V. Gancheng Village Committee

Construction project contract is not only a famous contract based on autonomy of will,but also has the nature of public power intervention.In recent years,the rapid development of domestic infrastructure construction projects and public construction projects has been accelerating.As an important force in the development of our national economy,construction industry has released more interest space.In my practical work,I have come into contact with more and more disputes in the field of construction engineering.The problems caused by black-and-white contracts are particularly prominent,which is also a common phenomenon in the field of construction engineering.There is no "black-and-white contract" in the legislation of our country,it is only a summary of a contract phenomenon by law and legal person.The emergence of "black and white contract ",based on the mutual agreement of the parties to achieve performance,to a certain extent deliberately avoid the law,but also face huge legal risks,at the same time disturbed the normal market order.The subject of performance is more prone to disputes and disagreements,and eventually litigation to the court.In the lawsuit,both sides of the dispute,starting from the self-interest of "economic man" and claiming rights in the construction contract in favor of their own side,will inevitably lead to the increase of litigation in such disputes and interfere with the normal construction engineering market rank Preface.How to determine the authenticity of the contract and the validity of the contract and which contract should be used as the basis of the project settlement price brings an important problem to the judicial trial.Based on the case of Dongsheng Weiye v.Gan Cheng Village Committee contract dispute,this paper analyzes the dispute focus of the case from the facts and legal problems in the first and second instance of the case,analyzes the validity of the "black-and-white contract" and the basis of the project settlement price,and puts forward some suggestions to solve the dispute problem of similar cases.