First Receives By The Construction Project Cost Recompenses The Power

"Law of contract"286th had stipulated the contractor construction project cost firstreceives recompenses the power, this provision is protects the construction projectcontractor and the construction worker legitimate rights and interests most important basis,but stipulated, the dispute is too generally unceasing.Although the Supreme People’s Court"First Received about Construction project Cost Recompenses Power Question To give awritten reply to a subordinate" also to make the judicial interpretation to the related legalrule, but the contractor in exercised the construction project cost first to receiverecompenses the power the legal matter which met in the process, the initiation argumentalso never ceases.The promulgation with, the theory not yet unifies until now, like the rightnature, the movement as well as this right gives rise to problems and so on conflict withother creditor’s rights to achieve by no means consistently, creates the judicature to besuitable on the confusion.In the paper main union judicature practice meets the difficulty, the hot topic,elaborated the construction project cost first receives recompenses the power theelementary theory, first receives including the construction project cost recompenses thesocial background and the legal value which the power produces, this right nature limits,the author believed specially, the construction project cost first receives recompenses thepower the attribute is a priority.First receives through the system analysis constructionproject cost recompenses the power the movement, to the main body, the object, exercisescorrelation legal matters and so on the condition to carry on the discussion.The union in ourcountry socialism government by law system, the author to the real estate priority mainbody, the object existence question carries on the legal principle theory of law analysis,simultaneously proposed solves the question personal opinion, has made the analysis to thereal estate priority realization way, gives the consummation judicial processcomment.Through to the mainland legal system country, the local inspection, proposed thecorrelation consummates the construction project cost first to receive recompenses thepower the legislation to suggest, hoped to consummates the legislation, protects theconstruction project the formidable sponsor legitimate rights and interests, impels theconstruction market benignity to develop the promoter action.