| Considering that construction projects have the features of large capital requirement, long constructionperiod, technical sophistication, and concerning widely, the government have perfect the relative laws,which scopes form the procedures of conclusion of the contract for construction projects, qualificationexamination system, performance and dispute settlement, by harmonizing and strengthen the enforcementof the laws. The construction project has a large capital investment, long construction period, technicalcomplexity, involving a wide range of features, the country for the construction contract entered intospecification program, the main qualification system, fulfill the ways and means as well as the settlement ofdisputes, the harmonization of different legal departments improve the relevant legislation, to to deploydifferent enforcement levels to strictly enforce the law regulating the construction market order. But limitedto our current vicious competition led to the imperfections of the system of economic and socialdevelopment status and legislation, law enforcement, the construction market in the reporting of the projectapproval procedures, the engineering aspects of the bidding, project contract signed for the record link, theimplementation of the project, and other links violations despite repeated prohibitions, such as illegalconstruction, stringing bid, bid rigging, qualified contractor, subcontractors, sub-contractors, to borrowqualification, illegal subcontracting, these phenomena produce, and should therefore be taken seriously thelegal effect of these adverse construction contract.The purpose of this writing is to analyze the effectiveness of these norms construction contract,summarizes its theoretical and practical study lay the foundation for the next step of the development ofChina’s construction market more standardized. Invalid for the current common construction contract in ourcountry can be found in the judicial interpretation of specific provisions, but many the bad contractsbehavior on the construction market in China, the current judicial interpretation of the provisions is farfrom being able to meet the practice needs, and in some of the identified contract theoretically invaliddifferences also exist many contradictory judicial interpretation of existing laws and regulations, in thequestion of the validity of the contract for construction project has generated a lot of controversy.This paper first analyzes the basic principles of China’s current laws and regulations on the validity ofthe contract, combined with our contractual effect theory based on the analysis of the common elements of a construction contract in force to provide the most basic theoretical basis for this article; accordance withrelevant laws and regulations judicial interpretation of the contract invalid identification, the first to analyzethe commencement of such contract is a violation of the mandatory provisions of the laws and regulations;Secondly, the need for further analysis in violation of mandatory law whether the effect mandatoryprovisions; validity of the contract of the general civil undetermined effect is valid, invalid, revocable fourtypes, and the effectiveness of the construction contract is divided into two types of valid and invalid.Our legal effect of the construction contract specifications are not specific enough, there are someambiguities, is not appropriate to the current legislative status quo and the development of constructionprojects, the main disadvantages of the complex: laws, regulations and rules and regulations, and inbetween there are many Paradoxically; especially the introduction of a lot of peremptory norms, thesemandatory provisions do not distinguish between the violation of the effectiveness of norms and legalconsequences of the violation of the norms of the managed; addition, sound laws and regulations in theemergence of new situations and problems seem powerless, can only rely on the basic principles ofjudgment, has seriously hampered the healthy development of the construction market.Then this article on the basis of the common elements of the commencement of the contract, furtheranalysis of the effective elements of the construction contract; summarizes several of our field ofconstruction contract generally invalid on this basis, and several common types of construction Theeffectiveness of the project contract discussions.Based on existing theory and practice case, summed up some of the common market of China’sconstruction contract invalid type of construction contract, and identified an analysis of the effectiveness ofthese contract types, and want to be able to find our construction contract market often the theoretical basisof the types of non-standard invalid contract, and thus, by reference to the actual situation, the integrationof existing theory combined with practice debate, analysis of the specific circumstances of these invalidcontracts, combined with the relevant provisions of the law and judicial interpretation. I hope to find asolution, in order to reduce the types of construction contract market often not standardized contract invalidtheory help find the appropriate criteria for the validity of the contract of the construction project identifiedin the practice trial.Other legal consequences of the last part of this article on the general principles of construction contract is invalid, the project cost, duration claims, quality claims of engineering interest on arrears, theconstruction contract is invalid may cause made to elaborate. Combination of paper, value judgments andfactual judgment on the validity of the contract of construction projects in China finds made basic argumentargumentation the legal practice in China for several invalid theory construction contract behaviors.Analysis of this article, I hope to be able to explore the theory and legal practice, to provide areference for improving the relevant laws and regulations of the construction project market, and contributeto regulate the construction project market. |
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