On The Enforcement Of Construction Projects In Priority Claims Protection

The legislation on the priority of the funds of constructional engineering has appeared for a long time in the foreign country and in the Taiwan province of China, and it firstly appears in the contract law of people republic of china which goes into effect in Oct 1st in 1999. However, because it is too vague, there are a lot of divergences of opinions in the judicial practice, especially in the practice of the civil compulsory executive procedure, and the results often fall far short of the expected standard. Based on this situation, this article concentrates the efforts on how to protect the priority of the funds of constructional engineering in the hope of fulfilling the legal priority down to practice. The article is composed of four parts. Beginning with the concept of the priority of the funds of constructional engineering I deeply excavate its intension and extension and summarize the legal character of the priority of the funds of constructional engineering, then analyses the legislation foundation and the methods of realization. PartⅡstarts from the different types of the cases relating to the priority of the funds of constructional engineering that we deal with in the practice and then makes use of the disposals of these cases to discuss whether the contractor can directly claim this priority, at last I mention the material distributing procedure of the participating distributing cases that involves contractors. PartⅢgets the conclusion from PartⅡ. It concludes that the contractor of the constructional engineering can directly claim the priority, and then expounds the legal difficult point that we meet in the executive practice, that is the divergence in the attestation on the substantial aspect. In the last part, the author, based on the PartⅡand PartⅢ, brings forward the suggestions on the legislation of the priority of the funds of constructional engineering. These suggestions include defining the character of this priority, modifying the reckoning point of the priority, resolving the new problems that appear when the rights conflict, and so on.