Research On The Validity Of "black And White Contract" In Construction Engineering

With the rapid development of social economy in our country today,the socialist market economy system has played a vital role in it,the field of engineering has certainly benefited from this,be able to develop rapidly,become a pillar of our economy.However,when the unique freedom,openness and competitiveness of market economy bring benefits at the same time,it also leaves the construction industry hidden trouble,there have been a lot of behavior to disrupt the order of competition in the industry,the "black and white contract" is one of them.The "black and white contract" of construction project affects the benign development of construction industry to some extent,it will degrade the quality of construction projects,this has led to a lot of disputes case,it damages the legitimate rights and interests of various parties including both parties to the contract.Therefore,how to solve the problem of "black and white contract" in construction project has always been an important research topic in law field and judicial field.To solve this problem,it is necessary to explore the causes,classification and determination,this paper starts with theoretical research and case analysis,make a comprehensive analysis of the "black and white contract",this paper consists of three chapters.The first chapter gives a systematic overview and summary of the "black and white contract",it mainly includes its causes,types,characteristics and influences,to give others a comprehensive and systematic understanding of the problem,at the same time,they can also realize that it is urgent to study this problem.The second chapter is to explore the validity of "black and white contract",from the provisions of the current laws and regulations and judicial practice two parts of the discussion.The debate about its effectiveness has been going on for a long time in legal circles,in judicial practice,there are more cases with different sentences,in the final analysis,it is determined by the diversity of "black and white contracts" and the complexity of the facts,therefore,even if the supreme people’s court issued some provisions in the interpretation on the application of law in the trial of cases of disputes over construction contracts,it can not be completely copied and applied,it can only be used as a reference to determine the rights and interests of the parties in accordance with the actual situation.The third chapter is to discuss the consequences of the validity of "black and white contract" shall be determined.The validity of "black and white contract" will directly affect the final settlement of construction projects,but can not as this is the sole settlement standard,nor can a valid contract be the sole basis for settlement,and the invalid contract cannot be completely repudiated,supplemented by the analysis and interpretation of real cases,it can play a reference role for judicial personnel of people’s courts at all levels.At last,the author puts forward some personal views and Suggestions,hoping that the "black and white contract" problem of construction project can be properly solved and even disappear through the self-regulating function of the construction market and the intervention and guidance of the administrative department.