| Architecture industry is one of the supporting industries of our country. But defaulting the fund of construction is the persistent ailment which hinders the healthy development of the architecture industry. In recent years, with the rapid expanding of the fixed assets investment, the problem of the defaulting is becoming more and more serious which aroses serious social problems and becomes the increasing concerns of the government, of the media, of the public. To solve this problem, the government has taken a lot of practical measures. In fact, the Contract Law of The PRC, which was put in force since 1999, has designed a special article, the article 286, to settle this problem. For various reasons, article 286 was unfortunately not used as the effective tool to solve the defaulting problems. In fact, this article was ignored in the practice as "sleeping clause". The author thinks that the defaulting of the fund of the construction is the result of various factors. To solve this problem, we must take preventing and relief measures. The article 286 should play a very important role. The article 286 is the central studying object of the thesis. The thesis also studied how to solve the problems from the origin and provides suggestions to perfect the protection of the contractor's right of claiming payment.In the foreword part, through plenty of accurate materials, the author firstly analyzes the present situation, the behaving forms and the social results of the defaulting and finds the reasons as well, the necessity and urgency of solving this problem is also involved here. The author then introduces the basic ways used by other countries and areas to solve this issue. The conclusion is that to solve the difficulty is feasible, but the most important thing is the way to design the legal system.The partâ… firstly introduces the process, the purpose and the value of the article, which gives very soundness basis for the coming analysis. Then it studies the definition and the range of the construction project, the range of the construction contract, the definition of the contractor, find out the difficulty and the contravention in ensuring the applying range of the article 286, bring the related solving ways. The partâ…¡ make legal analysis on the contractor priority which is prescribed in article 286, studies problems concerning its legal property, character and effectiveness, its founding condition, time, range of guaranty, lien and recourse effectiveness, retroactivity and so on, and gives answers to these problems as well, provided suggestions of legislation and justice interpretation.The partâ…¢ studies the sequence of the contractor priority right, the author focuses on three problems. The first is the conflict between priority right to be paid and mortgage rights on the fund of construction project, the author provides legislative suggestion that is to adopt register system. The second is the conflict between the contractor priority and the purchaser's right, the author's legislative suggestion is to strengthen the supervision of the sales fund. The third is the conflict between the contractors priority, the author suggests that the contractor should be discharged equally.The partâ…£ analyzes the exertion and the expiration of the contractor priority right, such as the exerting condition, form, how to exert right in the bankruptcy case, which solves the difficulty in the exerting of the priority. In the end, the author offers suggestions on how to solve the problems fundamentally. The first is to establish payment bond to guarantee the payment of the fund of the construction project in the construction field. The second is to strengthen the supervision of the real estate developing fund. For the later, the author studies from three aspects--- the supervision of the own fund of the real estate developing company, of the real estate developing item loan, and of the sales fund.Although there are a lot of theses on the study of the article 286 of the contract law, this paper is mu...
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