Law Study Of Problem Of Engineering Payment In Arrears

Since China's reform and open, China obtained a quite great progress in construction industry, which developed a key effect during the economic construction. But, the present construction market was in a confusion order, which was a definite fact, one wide-existing problem should not be ignored was the serious engineering payment in arrears in construction area, whose damage degree was obvious. The market economy was law economy, we should not just consider the problem as it stood from the teeth outwards, whereas should analyze and solve it up from the law angle. This article made an study of the law problem for the form the angel, aimed at founding out the law countermeasures for solving the problem, at the meantime, made it develop the action of modest spur for introducing us to come forward with more valuable solution, pushed further the overall solution for the problem.This article used the historical analytical method, compare method, and dialectical analytical method, combined with times background, and emphasized authentic proof operability,and the importance of uniting theory with practice. In addition, the study means should not be lack as follows in the article: studying and taking using foreign relative construction law developmental advanced achievements and world routine as the importance, utilizing fully internet electronic source and library source, reading relative works and literatures in a large amount, exchanging and discussing with tutor, colleague, and schoolmate, and developing relative social survey and research.This article divided into 4 sections totally. Starting with the concept, the 1st section had a law definition of the problem, and investigated the history and status of engineering payment in arrears in China, which foreshadowed the latter writing necessarily.The 2nd section expatiated its harm from the following 7 aspects: construction industrial enterprise production and management, peasant worker wage payment, construction industrial enterprise creditor right and debt chains, law credibility, engineering quality and safety, social confidence system and building an honest and clean government in construction area. Through analyses, it strengthened the pressing feeling of solving the problem of engineering payment in arrears.The 3rd section made an anatomy and statement of the cause for engineering payment in arrears in lawmaking and law implement fields, which established the cornerstone for the next section's study of countermeasure.The 4th section was the key section of whole article, and conducted the countermeasure study in the following law fields: engineering payment ensurence surety, legal demand on the available construction project fund, restlessly contradicted right, contract dissolution right, subrogation right, engineering payment compensation priority, the punish rule of engineering payment in arrears, construction industry enterprise law consciousness and law enforcement consciousness and level, so as to solve the problem of engineering payment in arrears in construction field radically.