建设工程施工黑白合同法律问题研究-法律学专业论文.docxVIP

II II STUDY ON THE LEGAL PROBLEMS OF THE CONSTRUCTION OF BLACK AND WHITE CONTRCT ABSTRACT Since the reform and opening up,Chinas real estate industry has achieved rapid development, to meet the housing needs of resident sat the same time,but also greatly stimulate the economy sustained growth. But, we should see, the real estate industry in China is still at the preliminary stage of development, the relevant legal system is not perfect, the real estate industry order more confusion, which has a large number of black and white contract in the construction industry, construction project owner and the contractor in order to avoid the national supervision of construction engineering or other reasons, often privately signed with the bidding protocol substantive content inconsistent bid for construction contract.This protocol not only related to the interests of both parties, which also involves regulatory issues behind the building market and the supervision of the public interest.Whether to admit the validity of the agreement, is to safeguard the freedom of contract,enlivening the market; or to strict supervision,the maintenance of public order, which relates to a different value orientation. This paper is mainly based on classified different black-and-white contract, validity of contract construction of black and white, and lists the relevant case analysis of Chinas current judicial practice in the validity of the construction contract problems in black and white. According to my understanding on the relevant problems, hoping to put forward this problem for the adoption of the proposed. Besides the preface and conclusion, a total of three parts: The first part mainly analyzes the construction of black and white contract concept,analysis of the causes, black and white contract form elements, and divided into black and white contract construction of different types,so as to form an overall understanding of the black and white contract. The second part mainly deal in that