Research On "Black And White Contract" Of Construction Project From The Perspective Of Bidding

The bidding system is more applicable to the field of construction projects.Article46 of the bidding law prohibits material deviation,that is,the negation of the "black contract" of the construction project,but the change of material content is inevitable in the performance of the construction contract of the construction project.Are all changes prohibited by Article 46 of the bidding law? How to determine the validity of "black and white contract" ? These are urgent problems to be solved.Through theoretical research and case analysis,this thesis attempts to sort out a clearer idea for the above problems.Firstly,through the overview of the basic theory of "black and white contract" of construction project in bidding,including bidding system,contract conclusion and its effectiveness theory,it lays a theoretical foundation for identifying relevant problems.Secondly,this thesis makes a basic identification of the "black and white contract" and analyzes its causes.Thirdly,it summarizes the problems existing in the identification of "black and white contract".The problems existing in the determination of "black contract" include the interpretation of Article 46 in practice and the unclear determination of the nature and effectiveness of Article 46;The provisions of judicial interpretation on substantive deviation are not clear.The problems existing in the determination of the effectiveness of "white contract" include the different determination of the effectiveness of bidding documents or bid winning contracts when "it is agreed that bidding documents are only used for bid winning filing" and other false expressions in practice,and the effectiveness order of bidding documents and bid documents;The legal provisions on the validity of the bidding documents or the winning contract are unclear.After understanding the existing problems,it is necessary to study the basic idea of determining the effectiveness of "black and white contract" of construction project in bidding.This thesis expounds the theory of compulsory norms,the theory of false civil legal acts and the theory of contract change,which paves the way for the effectiveness identification of "black and white contract".Finally,it is the specific identification of the effectiveness of "black and white contract" of construction project in bidding.In the determination of the effectiveness of "black contract",according to the purpose interpretation,the change involving only the adjustment of the parties’ own interests does not constitute a substantive deviation;Article 46 is a mandatory administrative provision,which recognizes the effectiveness of "black contracts" according to the principle of public order and good customs.In the determination of the effectiveness of "white contract",it is considered that the false expression clause does not affect the effectiveness of bidding documents;The validity of the bidding document is higher than that of the bidding document,but in case of substantive inconsistency,the bidding document is higher than the bidding document.The comprehensive recognition of the effectiveness of "black and white contract" is that when the change is effective,the changed contract is effective and the original contract is relatively eliminated;When the change of the contract,that is,the "black contract" is invalid,the "white contract" will take effect again.