The Priority Of Compensation In Price Of The Construction Project

The Priority of Compensation in Price of the Construction ProjectThe construction industry is the backbone industry of the national economy, regulating the healthy development of it has an important significance to the whole society. The priority compensation system in the price of the construction project manifest the value orientation that the vulnerable groups are given special protection by a country in the legislative policy. The market transaction order is regulated practically, and the moral risk of transaction is prevented. From Contract Law of the People's Republic of China (hereinafter referred to as Contract Law) to the Official Reply of the Supreme People's Court on the Issue of Price of the Project Construction Priority Compensation (hereinafter referred to as the Official Reply), from the first setting up to the further setting up, the priority compensation system in price of the construction project in our country has experienced a constant development process from scratch, easiness to complexity. But from the view of this system being applied in practice, although the law ensures the realization of the construction project price of specific claims, endows the priority right to get compensation for the contractors of construction engineering, the system of the preferential compensation of the construction project price is not perfect, the final effect in the actual operation is not satisfactory, then the role of adjustment to the social relations is not given full play.Such as, it need to make clear that whether the fill up money and profits are included in the scope of construction engineering contractors, unfavorable discount, the scope of auctioned construction projects, and the scope of secured claims in the right of preferential compensation of the construction project price. Due to the debate between the theory and the practice, the Civil Procedure Law and the relevant judicial interpretations do not have the judicial process of the realization of priority compensation right, which make the legislative aim can not give the full play. The legislative aim is to guarantee the priority compensation system of the interests of the disadvantaged groups for example, contractors, etc. The name of the security exits but security is not carried out well in practice.In this paper, the main research object is the system of the preferential compensation of the construction project price. The basic theory of this system is the starting point. We try to analyze this system thoroughly and carefully, and put forward part of legislative proposals. Clearing these problems will help us know more about the legislative interests of the institutional arrangement. It is good for the contractors to exercise rights correctly in the engineering management practice and maintain their own rights and interests.This paper is divided into four parts:Part one, the defining of the preferential compensation right of the construction project price. The basic theory of the system is the starting point. The concept, nature of the preferential compensation right of the construction project price are analyzed comprehensively. The attribute of the preferential compensation right of the construction project price in property rights is a starting point, and the quality of its real right is analyzed first. On the basis of this, the classified properties in the system of guaranteeing real rights are discussed. So the legal nature of the mortgage right in the preferential compensation right of the construction project price can be clarified.Part two, the establishment time and formation of the preferential compensation right of the construction project price. The time of setting up, the right subject, the right object, and the guaranteed claims scope are included. It shall be analyzed from the view that whether the engineering investigators, designers, subcontractors and the actual construction persons have the preferential compensation right. The object need to be limited if it is necessary. It needs to make it clear further whether the fill-up money, profits, etc. belong to the guaranteed scope of the priority compensation right.Part three, the execution of the preferential compensation right of the construction project price. The exercised period, exercised way, exercised program of the preferential compensation right of the construction project are included. The execution of the preferential compensation right of the construction project in nature is the right of construction project contractors. That whether exercising the right or not belongs to the right of construction project contractors, rather the obligation. Part four, the perfection of the preferential compensation right system of the construction project price. The system modes in foreign countries and Taiwan are referenced to perfect the preferential compensation right system of the construction project. From the aspects of the subject of right, etc., the specific rules of preferential compensation right of the construction project price are given suggestions. With the registration and pre-registration combined, the perfection of the system of public summons in the preferential compensation right of the construction project price need to be discussed.