Research On The Legal Problems Of "Black And White Contract" For Construction Projects

Since the beginning of the new century,China’s real estate market has been booming,and the real estate industry has made great contributions to the development of the national economy.However,the development of China’s construction market is still in the early stage,so there are a variety of problems.In order to seek their own illegal interests,the main body of the construction project has concluded two contracts with different substantive contents to evade the government’s supervision measures,which is called “black and white contract”for construction projects by the academic circles.“Black and white contract” for construction projects has always been the focus of disputes in academia and judicial practice.With the introduction of the latest judicial interpretation to deal with the disputes over construction contracts last year,“black and white contract” had once again entered the public’s attention.This paper takes the legal problems existing in the “black and white contract” of construction projects as the research content,through enumerating,comparing and drawing lessons from the viewpoints of various scholars,combining with the practice of the court hearing cases in reality,proposes measures to solve the problem of “black and white contract”for construction projects according to the existing laws and regulations.This paper mainly divided into four chapters.The first chapter is the introduction,which introduces the background,purpose and significance of the research on “black and white contract”for construction projects.Through the analysis of the research status of “black and white contract” at home and abroad,we have a more macroscopic understanding of the “black and white contract” for construction projects.Then this paper expounds the writing ideas and the research methods and puts forward the innovation of this paper.The second chapter is an overview of the “black and white contract” for construction projects.It defines the concept of the “black and white contract” for construction projects and summarizes the characteristics of this kind of contracts.This paper analyzes the reasons for the formation of the “black and white contract” of construction engineerings and narrates the legal principles behind it,and then sorts out the relevant laws and regulations related to the “black and white contract” for construction projects.The third chapter is about the problems existing in the “black and white contract” of construction projects.The “black and white contract” of construction projects is controversial in the validity determination.The bidding system closely related to the “black and white contract” of construction projects also has many deficiencies and the relevant laws regulations and judicial interpretations also have limitations.The last chapter is the solutions to the problems in chapter three.It is necessary to clarify the effectiveness determination method of “black and white contract” for construction projects and further improve the bidding system,prequalification system and contract filing system.This paper modifies and optimizes the provisions of contract law,bidding law and two judicial interpretations related to “black and white contract” for construction projects.