| The phenomenon of Black-and-white contract extensively exists in the building market of our country.The main reason is that unbalance between supply and demand of construction market breaks the balance of the initial states signing the contract,and the employer takes the advantage of ascendant position signing Black-and-white Contract with the contractor in order to avoid government regulation.At present the limitations of government regulation make it impossible to control the Black-and-white contract t effectively.In view of the above phenomena in engineering practice,The article summarizes the causes of Black-and-white contract on the levels of theory and practice firstly based on the provisions of existing laws and regulations and related literature research;then proposes three key issues based on the summary on the results of previous studies combined with literature analysis on current situation of validity of Black-and-white contract.Based on the framework,three key issue will be studied: The boundary analysis on the Black-and-white contract,research on the government regulation of Black-and-white contract and research on the improvement of regulation system on Black-and-white contract embedding in the idea of the freedom of contract.This paper follows the principles that the practical problems come from the construction engineering practice,and should be verified by the engineering practice after getting solutions through theoretical analysis.The specific research process is as follows:First of all,the boundary of Black-and-white contract is analyzed,through defining the connotation and analyzing the extension.Extension analysis includes difference analysis between Black-and-white contract,the supplementary agreement and contract changes,and analysis on legal effectiveness of project that must bid,project that don’t have to bid and project that bids illegally.Secondly,the government regulation of Black-and-white contract of the construction project is analyzed.and discussed respectively throng two aspects: the program and the content.From the procedure dimension,the legal effect of the two forms of Black-and-white contract that divided in the tender point,are analyzed.and From the content dimension the substantial contents are defined and classified.In the end,the article summarizes the limitation of the government regulation through the freedom of contract and the economic man hypothesis.At the end of the paper,limitations of regulation on Black-and-white contract are analyzed through the freedom of contract.The research proposes regulatory objectives design s pre-intervention mode and afterwards regulation mode on the basis of analysis of hazards of Black-and-white contract.To sum up,this paper researches on Black-and-white contract phenomenon in the view of the regulation,discusses the current research status of Black-and-white contract.The paper analyses the government regulation on the Black-and-white contract It is pointed out that the limitations exist in the current regulation.The objective and method of improvement is proposed.The research results of this paper provide the theory guiding principles for the regulation of Black-and-white contract,and the research results are verified by the case of engineering practice. |
