Study On Priority To Accepting Compensation Of No Pay In Construction Area

In China's construction area, contractors are often suffered from no payment from the project owners. The no payment aspects are becoming more and more severer. In the developed areas, the construction activity is more common, and the no payment is more observed. Based on the analysis of current aspects of no payment, the problems coming up with have been evaluated. How to resolve the problem about the no pay in China's construction area? Based on the Contract Law of the People's Republic of China and the Judicial Explanations about the No Pay, the author provided the law base to resolve the problem. The legal framework to solve the problems has been put forwarded. The difficulties arose there of are also analyzed and there are also difficulties to bring into effect including the character Priority to accepting Compensation, the collision between in the 286th item in Contract Law and other law such as collision between in the 286th item in Contract Law and the mortgage in Security Law, the collision between in the 286th item in Contract Law and the petition right of purchase in advance in the City Real Estate Management Law, the collision between in the 286th item in Contract Law and the preoccupy right in Bankruptcy Law, the collision between in the 286th item in Contract Law and the Code of Civil Law in bidding programs and the reality of priority to accepting compensation such as the problem about completion or construction, the cost problem about the construction, the applicability about the priority to accepting compensation of joint-building contract, the applicability about the priority to accepting compensation of authorizing construction contract, the reasonable urgency time limit, and the scope of being unfit to discount an sale. The author further observed the problems. The mechanic's lien system in USA, Taiwan and Japan has been introduced in view of the difficulties faced in China.