254, hereinafter referred to as the minutes of the Ninth People’s meeting).
Written above + on January 3, 2019, the Supreme People’s Court issued the interpretation on applicable legal issues in the trial of disputes over construction contracts of construction projects (II) (hereinafter referred to as the Judicial Interpretation II of construction projects), which will come into force as of February 1, 2019, and further pointed out at the beginning: “Protect the legitimate rights and interests of the parties according to law, maintain the order of the construction market and promote the healthy development of the construction market”.
It is precisely because society is always in continuous development and progress, coupled with the “lag” of legislation and judicial interpretation itself, therefore, law and judicial practice are not always “following suit” Due to the limitation of the concept of legal provisions, the complexity of fact finding, the professionalism in the field of construction engineering, the infinity of problems in judicial practice, as well as the vast territory of China and the different economic conditions and judicial practice in various regions, there are differences in the judgment scale to a certain extent, which seriously affects the authority and seriousness of justice , not only is it not conducive to the performance of the construction contract of the construction project, but also to the construction of a stable, healthy and orderly bidding and construction market order.
On December 26, 2019, the Supreme People’s Court issued the decision on Amending the provisions on civil litigation evidence (hereinafter referred to as the provisions on civil evidence in 2019) , it is of great significance to unify the judicial thinking, standardize the discretion of judges, enhance the openness, transparency and predictability of civil and commercial trials, and improve the judicial credibility.
Mencius · Li Lou Shang “says:” good deeds are not enough for government.
When people encounter disputes over construction contracts, their first reaction is to hope that “one key opens one lock” , find specific and accurate legal provisions in time, find out the facts of the case and solve disputes in time on the premise of evidentiary adjudication and burden of proof theory.
Under the characteristics of fixed statute law in a certain time and space, no law can solve all the minor problems in the case, and no law can solve them All problems in disputes, not to mention “no written law can regulate all aspects of social life, and social development is always in a state of constant change”.
On November 8, 2019, the Supreme People’s Court issued Minutes of the civil and commercial trial meeting of the national courts (Fa [2019] No.
From the perspective of judicial application, China belongs to a written law country, and the judgment method adopts the logical syllogism mode of “big premise + small premise = judgment conclusion” of typical deductive reasoning.
On December 26, 2019, the Supreme People’s Court issued the decision on Amending the provisions on civil litigation evidence (hereinafter referred to as the provisions on civil evidence in 2019) , it is of great significance to unify the judicial thinking, standardize the discretion of judges, enhance the openness, transparency and predictability of civil and commercial trials, and improve the judicial credibility.
In the past 15 years, it has played a very important role in ensuring the quality of construction projects, safeguarding the legitimate rights and interests of construction workers, unifying judicial judgment standards and standardizing construction market behavior.
254, hereinafter referred to as the minutes of the Ninth People’s meeting).
However, law is the product of legislative balancing various interests.
“Service judicial practice” is a main line and guiding ideology running through this book..
Law can not be by themselves “.
▼ written according to the minutes of the nine people’s conference and the provisions on civil litigation evidence in 2019 ★ Jurisprudential analysis takes the trial cases of the Supreme People’s court as the object, and briefly expounds the theoretical problems ★ The judgment point of view is based on the authoritative judgment point of the Supreme People’s court and summarizes the gist of the judgment ★ The book is based on and combined with the newly released minutes of the Ninth People’s meeting of the Supreme People’s court and the decision of the Supreme People’s Court on Amending Several Provisions on civil litigation evidence Write, cover relevant construction contract cases, analyze difficult legal issues, and provide convenient case retrieval.
The” living method “is applied through the form and way of reviewing and judging cases, or through the way of” solving problems with examples ” Form to specifically interpret the legal logic in the application of provisions, accurate meaning, value orientation and specific application.
The second judicial interpretation of construction projects aims at common and frequent legal problems in judicial practice, such as the effectiveness of construction project contract, construction period, actual constructor, project quality, project appraisal, priority of project price, settlement of project price, etc Judicial interpretation of construction project I Based on the trial practice implemented for many years, it has further carried out theoretical induction, combing and summary, which will help to unify the judgment standards for construction contract disputes, ensure the legitimacy and unity of judges’ discretion, and promote the healthy, stable and sustainable development of China’s construction industry market.
On January 3, 2019, the Supreme People’s Court issued the interpretation on the application of law in the trial of disputes over construction contracts of construction projects (II) (hereinafter referred to as “the interpretation”) Judicial Interpretation II of construction projects, which will come into force on February 1, 2019, and further points out: “protect the legitimate rights and interests of the parties according to law, maintain the order of the construction market and promote the healthy development of the construction market”, Judicial Interpretation II of construction projects Aiming at the common and frequent legal problems in judicial practice, such as the effectiveness of construction project contract, construction period, actual constructor, project quality, project appraisal, priority of project price, settlement of project price, etc., in the first judicial interpretation of construction project Based on the trial practice implemented for many years, it has further carried out theoretical induction, combing and summary, which will help to unify the judgment standards for construction contract disputes, ensure the legitimacy and unity of judges’ discretion, and promote the healthy, stable and sustainable development of China’s construction industry market.
On November 8, 2019, the Supreme People’s Court issued Minutes of the civil and commercial trial meeting of the national courts (Fa [2019] No.
On the one hand, explore the legal norms according to the case facts, on the other hand, apply the legal norms to the case facts, so as to make “shuttle observation between superior norms and life facts” In this way, the lag of law can be alleviated through the penetration of legal norms and life facts, and the defect of insufficient supply of developing society and law itself can be made up.
▲ this book makes every effort to provide pragmatic and effective solutions to disputes in the field of construction contract, extracts nearly 600 construction contract cases of the Supreme People’s court, and designs a three-step process of legal discrimination → judgment point of view → essence of similar cases, which is clearly presented to readers On October 25, 2004, the Supreme People’s Court issued the interpretation on the application of law in the trial of disputes over construction contracts of construction projects (hereinafter referred to as the judicial interpretation of construction projects I) , it has been implemented since January 1, 2005.
