| The construction industry is a pillar industry of the national economy and is of great significance in promoting the process of urbanisation,carrying out structural reform on the supply side and promoting quality and efficiency of the economy.However,the implementation process of a large number of construction project contracts in the construction industry is accompanied by the phenomenon of contract disputes.According to statistics,in recent years,the people’s courts in China have received and concluded more than 85,000 cases of construction contract disputes per year,accounting for 14% of the number of civil cases,and showing a trend of year-on-year increase.In the practice of contract performance,the compulsory provisions of public law and the profit-seeking desire of contract subjects form a strong confrontation conflict,resulting in frequent construction contract disputes,which has aroused great concern in the industry.This study focuses on the theme evolution and legal risk of construction contract disputes,and makes comprehensive use of bibliometrics and knowledge mapping theory to carry out research.Using the Jaccard index as a distance metric,the coupling relationship between the focus of construction contract disputes is explored to reveal the causal mechanism of the focus of construction contract disputes;the LDA theme model is applied to theme mining of construction contract disputes,and the average similarity of the theme structure is used to determine the number of themes and explore the theme classification characteristics of construction contract disputes;Based on the theme classification results,the frequently occurring risk points in construction contracts were identified,high-frequency invoked legal clauses were extracted,the indicative legal language present in the contract text was analyzed,and the causal factors of contract disputes were explored.The main research results are as follows:(1)There is a significant log-linear relationship between the frequency and bit order of key words and legal articles cited in construction contract dispute cases,with a Zipf index of about 0.40 and an extremely significant power law distribution relationship,obeying the Zipf effect.This indicates that in a large number of construction contract dispute cases,a small number of high-frequency words and legal provisions appear with extremely high frequency.(2)There are 11 LDA topics in construction contract disputes,among which "construction price" and "contract validity" are the core topics and have strong correlation with other topics,which are the key objects of contract risk control.39 dispute focus items exist under the 11 topics.There are 39 focal points of dispute under 11 topics,which have been frequently and repeatedly appeared in the past ten years or so,and are the key contents for prevention of construction contract disputes.(3)Based on the authoritative language of legal norms,it can be seen that the proportion of "obligatory" norms is as high as 49%,much higher than that of "prohibitive" norms and "authoritative" norms.The word "shall" appears 43 times in the high frequency citation of the law,accounting for 45% of all normative language,which is prone to ambiguity.Based on the logical language of legal norms,it can be seen that some of the legal provisions in China have ambiguous logical elements and need to be supplemented with relevant concepts and elements.This study constructs a knowledge map of the legal risks of construction contract disputes with the help of a text theme mining model and legal language displayability analysis,and explores the defects in the authority and logic of the legal language of construction contract texts,which can provide a theoretical basis for the revision of construction contract texts,the identification of legal language risks of contract disputes and the governance of construction contract behaviours. |
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