Reflection And Reform On Invalid System Of Construction Contract Of Construction Project

There is a close relationship between the construction industry and the public interest.The main body of the construction industry implements a special access system.Therefore,the validity judgment of construction contract is different from the conventional civil and commercial contract,which presents a more strict judgment standard.According to Article 153 of the Civil Code,civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid,combined with the mandatory provisions of the Construction Law,the Law on Tendering and Bidding,the Law on Urban Planning and other laws,as well as the judicial interpretation of the construction contract of the Nine People’s Records and successively issued,the contract validity of the construction project is comprehensively judged.Formed the construction project construction contract field effectiveness judgment special system.This system aims to crack down on the widespread illegal bidding,bidding,affiliated with qualified units to contract projects,illegal subcontracting,illegal subcontracting and other acts in the field of construction projects,and provide a way to deal with the existing legal relationship after the contract is invalid.The original intention of the establishment of this system is to realize the unity of formal fairness and substantive justice.It not only negates the contract from the effect,but also realizes the legislative purpose of mandatory provisions in fact,guarantees the construction quality,and protects the public interests and the legitimate rights and interests of migrant workers.However,whether from the realization of the legislative purpose or the effect of judicial practice,the strict restriction on the validity of the construction contract has not fully achieved the expected effect.This paper starts from a large number of invalid cases in judicial practice,combines the theoretical research results and the provisions in the current laws and regulations and judicial interpretation,analyzes the existing problems and causes of the invalid system of construction contracts from the legislative and judicial aspects and puts forward corresponding solutions to help maintain the order of the construction market,resolve the difficulties in judicial activities,and protect the legitimate rights and interests of the parties.In the first part of this paper,the legislative status quo of invalid system is sorted out from the invalid types of construction contracts,the types of invalid contracts under the current system are summarized,and the legislative and judicial problems are pointed out,such as the large number of invalid contracts,the frequent invalid lawsuits of malicious contracts,and the unreasonable "reference and application" clauses.In the second part of this paper,the article 153 of the Civil Code and the judicial interpretation of the invalid contract scope limited,put forward after the limited scope of judicial activities and administrative management of the matching system.In the third part of this paper,taking invalid action of malicious contract as the starting point,discusses the necessity,prerequisite and specific application of applying the principle of good faith to regulate it.The fourth part of this paper focuses on the legal consequences after the invalidation of the construction contract,analyzes the viewpoints of all parties and the judicial application of the "reference application" clause and rule,and puts forward the reform measures of abolishing the "reference application" rule and returning to the invalid system of civil law.The treatment of project price and "management fee" after abolishing this rule under the current contract invalidation system is given.