Research On Cause Of Formation Mechanism And Countermeasures Of Incomplete Construction Contract

The construction industry is one important pillar industry of China, and its development and prosperity depends primarily on the construction contract transaction. Incomplete construction contracts lead to a large number of disputes, and seriously affect the construction project management objective to achieve, in order to reduce the negative effects about the contract incompleteness for the construction contract contracting, compliance, starting the research of incomplete formation mechanism and perfection countermeasures, it has become a practical significance research topics.The paper with a wide range of research perspective, cross-utilization of law contract loopholes, economics totally contract and incomplete contracts, engineering and technology studies 4M1 E and other theoretical approaches, out similar study that limited from the construction contract language text, conduct incomplete cause analysis and seek to improve countermeasures of the narrow field of study, the analysis vision will extends to the design inventory, bidding, contract contracting or compliance and other regional parties, more sophisticated and in-depth reveals the whole process of the formation mechanism of incomplete construction contract. On this basis, analyze the method of choice for analysis construction contracts incompleteness of improve governance, this paper argues that through specific contract incompleteness of filling technology, of course, can reduce the contract incompleteness, thereby reducing the corresponding contract dispute, in fact, the nature of the contract is still incomplete. To address the negative impact of the construction contract incompleteness, clearly, it is need for new theoretical and methodological flaws to contract management.Based on the contracts principle of good faith, the analysis of the contracting and performance relationship, combined with the nature of the contract parties, a new abstract approach of principle of good faith proposed to reduce the risk of incomplete contract, and provides such abstract approach based on contract principle of good faith, three specific implementation paths proposed to govern construction contract incompleteness, that is the credit legal system of integrity of the building market transactions, implementation of universal and equitable security system works, establish a complete treatment case database of the incomplete construction contract.