Research On Related Legal Issues Of Priority For Repayment Of Construction Contractor

The priority for repayment of construction contractor is a system established for some special social issues in a specific social environment. The system is set up on the progress of our country's legislation. But any system has its own development process to improve itself. And so does the system of priority for repayment of the construction contractor. From 1999, when Contract Law of The People's Republic of China was set up, to the time when the system was improved by The Reply On The Issue Of Priority For Repayment Of The Construction Project Cost By The Supreme People's Court, the system of the priority for repayment of contractor experienced a process of development.However, the system did not give full play to its role in the adjustment of social relations in practice. On the one hand, the law works contractor on the project cost to enjoy the right to a priority; On the other hand, the legal system has many uncertainties. So it has limitation on the operation of social relationship. For example: Whether or not the investigator and the designer should be treated as contractor; the exclusion of all construction projects that is not applicable to discount or auction from the construction of priority for repayment of the construction contractor. Due to the existence of these problems, the priority for repayment of the contractor can not be fully realized, so that the system does not fully play its role of social adjustment. In this paper, China's system of priority for repayment of the construction contractor will be treated as the main research. The present situation and the operation of legislation system will be discussed. And some of the legislative proposals will be put forward. The paper includes three parts.Part 1: The priority for repayment of construction contractor legislative status and the analysis of the status quo. Based on the current situation of legislation and the practice of our country, I will introduce my own opinions on legal nature of the law system for the priority for repayment of construction contractor. I will also enumerate and analyze the existing issues of current system of priority for repayment of construction contractor.Part 2: Research on foreign legislative mode of the system for a comparison with the current status of legislation of our country.Part 3: The proposals to improve our country's priority for repayment of construction contractor system. Based on the prior two parts, I will introduce some proposals specifically, focusing on the judicial practice problems of our country's priority for repayment of construction contractor system, to give some advises to the construction constructor of the system.