On The Priority Of Compensation For Construction Projects

With the development of China's economy,at the same time also caused a lot of problems,in engineering,is one of the most vexing problems.In order to solve this problem,realize the protection of the construction contract contractor claims,starting from the essence of justice and social policy perspective,the "People's Republic of China contract law" article 286th establishes the priority of construction project.This provision is of great significance in the settlement of arrears of the project,the protection of the creditor's rights,the protection of vulnerable groups,and maintaining social stability.However,due to the principle is too principle,it is not easy to operate,there is no clear priority of the nature of the priority of the project price and the connotation of the right,resulting in a lot of problems in the application of the right.The reply of the Supreme People's Court on the priority of compensation for the construction project price has given some explanations to some controversial issues,but there are still some deficiencies and improvements.The conflict of rights related to the payment of the construction project price is always the focus of the dispute in the judicial trial,especially the conflict between the Contractor's priority right of repayment,the right of mortgage and the right of the buyer.On the nature of the right,the circles of theory and practice to understand a variety of sounds,there are three theories,Lien said the legal mortgage said the priority said,from the price of construction projects on the priority of the legislative background,legislative principle of our country,in affirming the value foundation right there,through the comparative analysis of China's academic circles of three typical views that the priority of claim in construction project should be defined as real estate special priority is more appropriate.Construction project priority is a construction contract involving both parties,and the important rights relates to the interests of other creditors,balance the interests of all parties is very important,our country should establish the priority of construction project price registration procedures,in order to solve the problem of effective order of rights and related rights,the rights of the parties are guaranteed.This paper is divided into six parts.The first part is the introduction of this article.In the introduction,the research background of this paper is briefly explained.The second part is the construction project price priority overview,mainly introduces the related content of 286th of the contract law and the Supreme People's Court on the construction of a priority claim to the approval,while affirming the protection based on the legislative purpose of the weak points out the existing defects of the clause.Thirdly,from the point of view of human care,social justice and human rights protection,this paper discusses the legislative purpose of the priority of the construction project.Finally,on the basis of the evaluation of the relevant theory of the nature of the right,the priority of the construction project price priority belongs to the special right of real estate.The third part is the conditions for the exercise of the priority right to pay for the construction project,the main body of the exercise and the exercise mode.This paper analyzes the conditions of exercising the right of priority in the construction project,the main body of the exercise and the way of exercising it,points out the existing problems,and puts forward some suggestions for improvement.The fourth part is the scope of guarantee for the priority of the construction project price.In the analysis of the legal basis for the construction of priority for repayment of the mortgage on the range,that the employer shall pay liquidated damages to the employer,loss by default,the Contractor's profit,interest,pay the contractor to the employer in the form of cash bond,shoe to "loan" or the name of the other employer into account with funds,should also belong to the scope of priority.The fifth part is the time limit for the exercise of the priority of the construction project price.The sixth part is the conflict between the priority of the construction project price and other civil rights.Reveal the construction project price priority and the relevant civil rights conflicts in practice,analyzes the necessity of construction project price priority claim to the registration system,registration system that should be set up as the rights and related civil rights conflict solution.