Study In The Legal Issues Around The Construction "Black And White Contract"

In order to enhance the supervise in building market,China put up relating to the project construction contract dispute case applicable law issues“,and the No.21 clause urge parties fulfill the record contract.Construction project “black and white contract” is not a usual negotiation in the building market.It not only disobey the provisions of law,but also destroys the normal building market in China,causing the disputes between parties and a series of economic and social problems.Chinese laws and regulations about the construction of “black and white contract” is not flawless,therefore,there are huge divergences between different courts and cases.This fact violates the principle of unity and certainty of Chinese law.This article firstly introduces the characteristics and the reasons of the construction project “black and white contract” according to the laws and theories.Then compare the different cases in different court and put forward the differences between the cases.Finally,this article refers to three solutions to regulate the phenomenon of "black-and-white contract" for construction project.The first part introduces the concept,the historic evolution and the manifestation of the construction of “black and white contract”.Furthermore,basing the aspects of law,contract character and administrative law,this part simply draw a conclusion of why this phenomenon happens.The second part gives a list of cases of “black and white contract” and summarizes the court view and the basis of the judgments.Then,this part gives further analysis of valid or invalid of the “black contract” or “white contract”.The third part summarizes a principle of the disposal of the construction of “black and white contract” and intends we need to perfect the way of judging the “material changes” and strengthen management to solve the problem.