Research On Legal Issues Of The Right Of Termination Of Construction Engineering Contract

In recent years,with the development of our country’s economy,the application of construction project is more and more extensive.The accompanying issues such as the large amount of the subject matter and the long time limit for a project cannot be covered in every detail by a single contract.China’s current law only provides the principle for some aspects of this kind of problem,which makes the judicial judgment in practice lack the corresponding basis and standard,so that the construction project contract in the process of signing and performance of many disputes still exist in the same case to this day.For example,in the special provisions of the contract law,whether the relevant provisions of the contract of contract work are of course applicable to the construction project contract,that is,whether the employer and the ordering party have the same right to arbitrarily terminate the relevant disputes,which is actually when the two legal values of efficiency and order conflict,whether the efficiency should be chosen first.Based on the actual cases,this paper puts forward Suggestions on how to determine the conflict between the two,how to avoid the abuse of rights,how to protect the trust interests of the non-breaching parties,and whether the expected interests,liquidated damages and compensation coexist after the contract is terminated.The perfection of relevant laws on the termination of construction contracts is of vital importance to China’s economic development,social stability and fair and orderly operation of the construction market.The paper is divided into four parts.The first part discusses the basic concept and legal characteristics of the termination of construction project contract.In general,the construction project contract is basically the same as the ordinary contract,but the construction project contract has its own characteristics,and according to its characteristics,the construction project contract in China’s "contract law" to evaluate the positioning of the construction project contract.The second part is to summarize and sort out the legal issues arising from the termination of the construction project contract.By the contract and the contract for construction project contracting,point to determine termination of the contract,contract termination right objection,it is expected to get profit after termination of the contract,and after the termination of the contract penalty due to breach of contract and compensation for damage can coexist this paper summarizes five big kind of problem,in judicial practice case,so as to find out differences.The third part is to analyze the causes of the legal issues related to the termination of the construction project contract.The dispute about the nature of contract and construction project lies in the conflict between article 287 of contract law and the specific provisions of judicial interpretation.As for the time point of contract termination and the objection to the right to terminate the contract,the reason is that the relevant legal provisions on the notice method,time and exclusion period of contract termination are not specific enough.The dispute about the scope of compensation is also based on the combination of the provisions of the law and the characteristics of the construction project contract.The fourth part is the construction project contract related legal issues and disputes put forward countermeasures and Suggestions.And regulations as the benchmark,but not limited to the law,from the special for the civil law and contract spirit on a comparison of related problems such as Angle,the article summarizes the five puts forward some measures for the controversy of respectively: contract for construction project is not,of course,apply to the relevant provisions of the contract,the construction project contract termination time should remove the right of objection to the notice sent shall prevail,qualification and exercise should be standard,should not support contract for construction project is expected to get profit and penalty due to breach of contract and compensation for damage after termination of the contract for construction project shall be coexist.