On The Legal Protection Of The Construction Project Price Priority

Article286of the Contract Law of the People’s Republic of China "ConstructionContractor may enjoy the priority for repayment of the cost of construction projects, And theprovisions of the priority claim to precedence over the mortgage, Which led to a series oftheoretical and practical issues of controversy, Introduced on June20,2002"approval of theSupreme People’s Court on the construction project loan priority right to be repaid"(hereinafter referred to as" approved ") to Construction project priority for repayment ofcertain targeted explain. But still can’t meet the development needs of Chinese economicconstruction, There are still considerable controversy over in the theory and practice, On thisbasis, Supreme People’s Court again for the construction project priority right to be repaid in2003and published in the “People’s Court News “and" Chinese courts Net”, the interpretationof the Supreme People’s Court on the hearing of construction contract disputes Application ofLaws (Exposure Draft)(Hereinafter referred to as the "draft"), The "draft" clearly defined theprotection of the construction project price priority, But in2004, the Supreme People’s Courtreleased the official judicial interpretation not adopted, In fact, The original "draft" to solvethe construction project price priority protection is more reasonable.In addition to the introductory part, is divided into five sections to be discussed:The first part, Mainly introduced the basic situation of cases and through the caseanalysis lead to the focus of controversy and disagreement.The second part, Against the academic world exist three theories on the nature of theconstruction project price priority for repayment, That the lien said, Legal Hypothec said, aswell as priority comprehensive exposition and analysis. Draw priority of said science andrationality, And followed the concept of the priority system and the construction work prioritydefined as priority grounds comprehensive exposition, To make us have Comprehensive andprofound understanding of the nature of the construction project priority for repayment.The third part is mainly involved in the construction project price priority claim rightsbody approved "scope of protection claimed by a time limit as well as the interests of themeasure exercise for projects of priority for repayment conditions discussed, The maindiscussion on the scope of protection of migrant workers paid for their work as well asmaterial models specific range, and to explore the Construction project price priority claim of the scope of protection of the construction projects in the measure of interest discussion,concluded that the claims on the time limit.The fourth part, mainly discussing the construction project price priority claim forrepayment of the rights of the various stakeholders conflict, conflict of rights, and a balancedapproach between people buy a house, and the mortgagee is discussed and recommendationsin this paper.The fifth part, for the discussion in the text analysis, lead to the idea of the solution of thecase, proposed author himself on improving the construction project priority for repayment ofthinking and problem.