Research On Legal Problems Of "Black And White Contracts" In Construction Projects

Construction project "black-and-white contract" is a generalization of an unreasonable phenomenon in the field of construction engineering,and there is no special definition of this term in the current law.According to popular understanding,the so-called "black-and-white contract" refers to that the parties to the construction contract of the construction project have signed two or more contracts with inconsistent substantive contents on the same construction project.Generally,the construction contract signed after winning the bid is called "white contract",while the construction contract signed by the parties that is inconsistent with the substantive contents of the winning contract and actually performed is called "black contract".The manifestation of "black contract" is that the employer makes use of its advantageous position to ask the contractor to give preferential commitments in the form of supplementary agreement and promise to transfer profits.This phenomenon has caused the integrity crisis of the construction market,seriously interfered with the fair competition order of the construction market,and easily caused hidden dangers in the quality of construction projects.The Supreme People’s court has successively issued a number of judicial interpretations to achieve the purpose of regulating "black-and-white contracts".However,this issue is still controversial in practice.How to properly deal with the interests of all parties has become an important topic in the field of construction project contracts.Based on the legal facts and the gist of judgment of real sample cases,this paper makes a statistical analysis of sample cases according to the current law and judicial interpretation,and puts forward the core elements that can directly reflect the logic of case sample judgment.Focusing on the core elements,this paper systematically discusses the definition standard of"black-and-white contract" in the current judicial practice,the understanding of how to divide and legal effect of "black-and-white contract" under different circumstances,as well as the settlement basis and legal application of "black-and-white contract".At the same time,from the perspective of judicial practice,the author analyzes the unreasonable factors existing in the current trend through the processing and operation track of "black-and-white contract",and puts forward his own understanding and views on the application of the provisions of "blackand-white contract" in practice in the current judicial interpretation.The legal problem of "black-and-white contract" in construction engineering is a stubborn disease that cannot be solved in the construction industry.Its solution should not only rely on the control role of the market subject itself in the construction,but also require the mediation and intervention of the public power of the competent government departments.The specific operation path of judicial trial is the key research direction in the field of legal issues in the future.