Construction Engineering Contractors For Projects Rights And Interests Of Legal Protection Mechanism

It is very serious that the project reward being in arrears in the industry of construction in our country, the influence of this problem is other than the construction industry itself. The special attention of legislation manifestoes on the article 286 in the "Contract Law" whose sense of principal of stipulation is too strong to be lack of manipulation, thus in real practice, it cannot take effect to prevent the lots of project reward from being in arrears, the supreme people's court, as the judicial interpretations, whose relevant replication cannot go beyond the law limitation and conflict to it. Totally to see, the current legislation of our own country has drawbacks on the part of protection of contractor's right and interests in construction project. The attention of scholars' writings in recent years are deficient to this point mainly present on the property of stipulation rights on the article 286 in the "Contract Law ", and on basis of law's just, order, beneficial value and manipulation.The article holds that the true reason of project reward being in arrears is current law and regulations imperfect rather than the contractors fill up the money. To begin with, anti-contractor often goes into operation under the fact that construction funds don't put into effect. Moreover, the contractor has not corresponding right of making balance to which the law endowment, the man can still acquire this construction project forthwith even though the other party default and might fail to pay in full for the project after completing. Thus relevant institution should be set up by legislation in order to consummate the protection mechanism of contractor's project reward right:Firstly, guarantee the construction fund to ascertain effectively and special fund use for special purpose by way of perfecting law system oftaking change of construction fund through creaturing examine and approve system before going into operation and system of watch and control construction fund after it.Secondly, make clear the legitimacy of contracting and fill up money which special used for construction project as project fund to safeguard explicitly.Finally, amend pertinent law and stipulate means of assumption of real estate detainment in order to fulfill nimbly to rights and interests of project fund of contractor, on the basis of which to select one of the following ways to ensure the priority of repayment right of project fund of contractor: (1) Legislate explicitly to stipulate real estate legal mortgage right about project undetainment, not only ensure the preference of repayment right of project fund of contractor, but also the social economic benefits of project cannot be affected . (2) Continue to perfect the contractor's priority legislation and refound a system of construction project preference consulting china's extraordinary priority form, prescribe in detail its contents and the way of realization in order to safeguard the preference of repayment right of project fund of contractor.