The Research On The Priority For Repayment Of Construction Contractor

Construction industry as the pillar industry of national economy plays an important rolein our country. With the rapid development of our economy and the advancement ofurbanization, commercial housing residents increased demand provides a good marketopportunity for the development of construction industry. However, due to the fierce marketcompetition and imperfect legal system, the construction price is often in arrears. Visible,project payment default has become a common problem of construction industry in China. Ifall overdue payments related to the problem are not solved, it may lead to the decrease of thequality of the engineering or construction workers can’t get remuneration and a series ofproblems.In order to solve the problem, the legislature also did some work. The article286of TheContract Law of the People’s Republic of China stipulates clearly The Priority for Repaymentof contractor. This article has very important meaning for protecting the rights of thecontractor, but there are still difficulties of judicial practice, such as the attribute of right, thescope of right holder, implementation procedures, etc. The Supreme People’s Court issued twojudicial interpretations (Interpretations of the Priority for Constructional EngineeringRepayment and Interpretations of the Trial of Construction Project Construction ContractDispute Case Applicable Law) in2002and2004. The two explanations have made clear somequestions, but they are still short of some problems of rules.To sum up, only relying on the Contract Law the286th and two judicial interpretations isdifficult to implement the priority for constructional engineering repayment. Any system setup and perfect must go through the continuous improvement of the theory and practice.Therefore, at this stage, continue to the contractor of the construction engineering researchand the priority of compensation with thinking has its theoretical and practical significance.Based on the present situation, in this paper, the concept, characteristics and a series of problems will be discussed. And some of the legislative proposals will be put forward in orderto do an own strength for the perfection of the legal system.