建设工程领域“黑白合同”的效力认定-民商法专业论文.docxVIP

II II Abstract With the rapid development of market economy, construction market has gradually entered into buyers’ market that was located in sellers’ market in China, and in order to regulate business behavior, our government performs the bidding system against large-scale engineering construction, especially that is related to country benefit and public interests, obviously, it is very significant to have priority to select first-rank contractors, and appropriately control construction price, and ensure engineering construction grading of quality and security, and maintenance the public legal right and benefit. However, because it is later to develop construction market in China and the relevant laws is absent, and in addition to the lack of experience on supervision for government, some constructors and contractors usually sign a new agreement, namely “black-contract” other than a bidding contract that was registered in practice, and in this condition, the registered bidding contract is regarded as a “white-contract”. The occurrence of “black-and white contract” doesn’t only disarrange the normal order of business, and bring the business venture, but also potentially threatens country and public interest; in particular, with coming into city of rural labor force in recent years, the conclusion of “black-and-white contract” often harm their legal benefit, and lead a series of social problems, for example unpaid income to rural labor. From our current civil legislation, the lawful regulation against state of the “black-and-white contract” has embodied in Tendering and Bidding Law,Building and Municipal Infrastructure Projects Tendering for Construction Management Measures, and Interpretation of Supreme Peoples Court for Trial for The Disputed Case Construction Project Contracts over The Question of Applicable Lawand other relevant laws and regulations, this provides basis for the court to settle the disputes in the judicial practice. However, unfortunately, these