The Theory Of Construction Project Priority

In recent years, because of the national macroeconomic regulation and control policyefforts to strengthen, implement the history the most severe regulation policy-purchasingorder, etc. Series of measures, China’s real estate industry gradually into the low water, realestate company building area sales and sales amount dramatically drops, also, because realestate project turnover of capital cycle is long, the bank financing also difficult, resulting inmany small developer fund chain rupture, developers default project construction contractor,the contractor the phenomenon of wage arrears for migrant rural workers increase day by day,the court accepts the related case quantity also gradually to increase. Such social problems hasincreasingly become the focus of public attention. On October1,1999, the implementation ofthe "contract law" the286th, construction project priority for the special provisions:"thedeveloper not according to the contract, the contractor may demand payment from thedeveloper within a reasonable period to pay the price. The employer fails to pay, except inaccordance with the nature of the construction project is not fit for liquidation or auction, thecontractor may outside of an agreement with the developer will the project discount, can alsoapply to the people’s court to auction the project in. The construction project price shall be theliquidation or auction of the project seek preferred payments from the money." then, and inJune,2002, the supreme people’s court and the "contract law" the286th applicable made thesupreme people’s court on construction project priority price by the right of reply problem"(hereinafter referred to as the" reply "), the contractor construction project priority during theexercise of scope, such as the multicomponent further. But because of the relevant provisionsis relatively general, practice and theoretical circles on the boundary of the system someproblems still exist many disputes. Especially in recent years, the real estate industry due tothe state’s macroeconomic regulation and control of reason, there was a deep change.Therefore, in the real estate industry will face severe policy under control, and discuss theconstruction project priority system has a far-reaching theoretical and practical significance.This article attempts from the priority of the concept, legal attribute and feature started todiscuss and analysis the construction project priority and the components of the exerciseperiod, and through the practice of the specific case to carry on the analysis, and finallyproposes that we should consummate construction project priority system some advice. This paper is divided into six parts.