| As a common and well-known contract,an intermediation contract refers to an intermediary who reports to the client the opportunity to conclude a contract or provides a media service for entering into a contract,and the principal pays the contract for remuneration.However,the construction project intermediation contract is a kind of intermediation contract,and its contract validity,intermediation service remuneration and other issues have caused controversy.In practice,the criteria for the identification of such contracts are not uniform.The construction project intermediation contract is divided into bidding and intermediation and non-bidding and bidding.Non-bidding and bidding is generally not subject to disputes because it does not involve mandatory provisions of the law.The focus of the dispute mainly lies in the bidding and intermediation.China’s "Tendering and Bidding Law" was revised and implemented in December 2017.Afterwards,the revision of the "Detailed Rules for the Tendering and Bidding Law" in March 2018 also further improved the relevant laws and regulations governing bidding and bidding,but the intermediaries in bidding were Still not involved.This paper is based on the cases of the Supreme People’s Court and some local courts in recent years concerning the disputes over the contractual disputes in construction projects,clarifying the attitudes in the practice of the construction project intermediation contracts and related issues,and trying to clarify the construction project intermediation contract with the theory.Judgment of effectiveness and other related issues.The text is divided into five parts:The introduction part introduces the issue of the validity of the construction project intermediation contract and the research methods,research purposes,research innovations and so on.The first chapter introduces the status quo of the referee of construction project intermediation contract disputes and the root of the different rules of the referee.Firstly,it introduces the basic situation of the referee of construction project intermediation contract disputes,collects relevant cases through corresponding retrieval methods,and then analyzes the cases from the perspectives of the number of cases,geographical distribution,and referee results.Then introduced the relevant laws and regulations,and pointed out the problems.The second chapter analyzes the effectiveness of the construction project intermediation contract.Firstly,two cases with similar contents but different judgment results were obtained.Based on these two typical cases,the court found the basis for the validity of the contract.Then introduce the specific problems in the construction project intermediation contract,including the concrete manifestation of intermediation behavior,whether the intermediation behavior in the construction engineering field violates the mandatory provisions of the law,and whether the intermediaries have a reasonable range of remuneration claims and intermediaries.The third chapter is based on the thinking and suggestions of the case of construction project intermediation contract disputes.Based on the contract that is deemed invalid,it provides suggestions for the intermediaries from the negative perspective,including how to agree on the intermediation service content and the intermediaries’ obligations,and to retain evidence for the success of the intermediation.Finally,there are thoughts and suggestions on the different standards of refereeing disputes in construction projects.The conclusion part mainly summarizes the related issues of the article and points out the shortcomings of the article writing. |
