Subject Of Construction Paid In Priority Right

Construction Priority of Compensation is owed for projects aimed at alleviating the problem, protect contractor construction price is an important legal system of China’s "Contract Law" Section 286 regulations. But because of its representation of the rights of the subject system is too general, narrow, leading to the emergence of a lot of confusion in the statute actual operation, the project is still a serious issue money owed. Therefore, the strengthening of the construction project cost research priority for repayment rights body range has a very important practical significance. In this paper, by analyzing the current situation and the main reason for the dispute over the right of the main range generated outside of Our Country and construction project cost related legislative priority for repayment status quo argument right out of the body system to solve our construction project cost priority for repayment of principal controversy the key is to use the value theory as the theoretical basis for building the system, and thus put forward a sound proposal subject system. This paper collected through logical argument, comparative analysis and other methods studied.The full text is divided into an introduction, body and conclusion of three parts. Among them, the body consists mainly of four parts:The first part introduces priority for repayment of the construction cost of several controversial subject and analyze the reasons for the dispute.At present, China-related construction project cost priority for repayment of the body including the construction of several major controversy within the enterprise contractor or project manager, survey and design people, subcontractors, the actual construction of the four categories. Through the main focus of controversy for each type of comb and analysis can be summed up in the right main controversy lies in two main reasons, first, there are differences on the construction project cost priority for repayment of the legislative intent, the second is the construction of priority claim right qualitative unknown.The second part describes the construction project cost and Evaluation of priority for repayment status quo right main specification. According to The first part of the analysis of the two because of the controversy generated by the introduction of relevant legislation regulating the legislative background, the legislative purpose, the contractor and the right attributes to define the angle, on the one hand, according to the analysis of the scope of the legislative background and engineering models to derive the right to legislate the purpose is not only to protect the interests of vulnerable groups in society to survive, in fact, is to protect the value of all projects contribute to the main interests, on the other hand because the law does not draw a clear property rights of first refusal construction project cost, the current qualitative controversial, To resolve this issue would be a very long process, so you should set aside disputes qualitative departure from the legislative purpose to resolve the main dispute this reality perspective.The third part introduces the construction project cost and Comments priority claim extraterritorial status quo right main specification. By combing Li extraterritorial provisions specified countries priority for repayment of the construction cost on the right, summarized the involved include the contractor, subcontractors and others, construction worker or architect employees, material suppliers, and provide funds for five principal repayment of lenders, including wages and thus set aside the judgment is limited to the subject of rights of vulnerable groups in society, both countries will demonstrate the extraterritorial value theory as the theoretical basis of the right.The fourth part of the construction cost of the improvement suggestions right main priority for repayment legislation. By the foregoing discussion, it proposed to improve the specification on the subject of rights should shelve disputes qualitatively, from a practical point of seeking solution. According to protect all contribute added value to the project Stakeholder legislative intent can be drawn from the theory of value that can be referenced as the theoretical basis abroad to solve this problem, combined with China’s national conditions, construction engineering survey should be made or designer to Employer declared subcontractors, project completion acceptance of the actual construction, the developer hired engineers, construction materials providers and funds encountered major lenders in case of financial difficulties included the construction of the main priority for repayment price range.