| China's "Contract Law" Article 286 defines the price priority for repayment of the construction cost, the contractor may enter the agreement of the works of discounts or apply to court auction, the auction on discounts or priority for repayment. "Supreme People's Court approved the construction project cost priority claim on the right issues," also specifies the period of the exercise of the right of priority for repayment scope and relationship with mortgage and other debt and so on. However, these laws and there are still no specific judicial interpretation, unreasonable, judicial practice on controversial issues.In this paper, the actual work of real cases for the lead from the judicial practice on construction projects Priority of Compensation Problems, analyzes on the construction project cost less than the priority for repayment of the provisions of the legislation, including the construction of priority by price the nature of the right to compensation is not clear, repayment subject is not clear, the exercise period is unreasonable, the confirmation process is not clear, repayment too narrow in scope, the contractor was forced to abandon the effectiveness of priority is not clear, it is recommended in the legislation clearly stipulates the construction project "specific priority" priority of Compensation nature, a clear priority for repayment provisions of the construction project cost subject scope of the right to repayment (including contractors, subcontractors, the actual construction of the main project, the actual parties involved in the construction process, but does not include the construction of the construction survey, design people) and repayment order, reasonably require priority for repayment of the construction cost of the exercise period, the confirmation process clearly defined priority for repayment of the construction cost, and specify the contractor was forced to abandon the construction project priority of Compensation effectiveness and so on. |
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