Research On The Realization Of The Priority Of Compensation For Construction Project Price

China’s "contract law" in the 286th article provides the priority of construction projects(the following is called priority for short).The legislative purpose is to provide the legal basis for the priority payment of the project.The "contract law" in judicial practice has gone through several decades,due to the priority system in law has only a few words,but the cases in the judicial practice is countless.Because of the myriads of changes around the court,the judges also have different understanding,their quality is also uneven,the assurance to law is not the same,so in practice the application of the law is at a loss.The author lives in Erdos,in this city,there is a slogan called "three years of construction,three years of giant improvement".Under such a background,author experienced a large number of engineering construction cases,which put off to pay the salary for workers.Priority system has been studied carefully by the author.In refer to a large number of cases and theory,and with a profound understanding of China’s contract law and relevant laws,the author points out that current priority system hardly meet the practice need.Therefore,the author from the judicial practice of the construction project priority,takes advantage of abundant working experience in the legal practice,and profound understanding of law,author does a deep study about the priority.This study combines current condition of priority with current policy.This article is divided into five parts,the construction of the project priority related issues.The first part is an overview of the basic theory and the nature of the priority of the construction project price.Elaborates the concept of priority of construction project,analyzes all sorts of points in practice,points out the existence problems,and ideas on the priority of construction in the judicial practice.Thus article arouse new thinking.The second part is the analysis of the current obstacles,which is in the practice of this priority policy.According to the analysis,in the current circumstance,there are several problems in practice.For example,aim is indefinite,who owns the priority is also indefinite;The budget of project is lack of exact aim;The effect of giving up priority is not definite too.These problems above are the obstacles of priority in practice.The third part are solutions about conflict.For example,when the priority is conflicting with other rights or powers,this part give a wonderful suggestion to solve these problems.The fourth part is about the how to put the priority into practice.These paragraphs especially focus on methods and necessary conditions.About the methods,author give five aspects.They are:who owns the priority;definite region of project;definite date of project;definite power of giving up the priority in advance.Do well in these five aspects,then we can put the priority into practice smoothly.The fifth part is about thinking of other policy and law,which are relevant to the priority.The author gives some advice about these relevant policies.They are:the priority should be registered in law;the priority should be guaranteed according to non-legal action.These solutions are helpful to put the priority into practice.