Research On The Construction Work Priority System Of Our Country

It has been a long time since pretty serious construction work payment arrear phenomenon is always founded in the construction industry of our country.This issue not only makes adverse effects to the stability of our society,but also hampers healthy development of both the construction industry itself and even the social economy.Under this background,our country has enacted new laws to set up a system which is mentioned as “construction work priority”.This system,to some extent,has guaranteed the payments under construction works being paid off of,however,in our current prevailing laws,only Clause 286 of the Contract Law with relevant judicial interpretations set some rules for said priority system,which are too principle and so lack of specific details.This situation has caused many disputes to the judicial practices,and what is worse,it even made the court steps back,when coming to the problem of application of laws.So it is real urgent to complement said construction work priority system with working out some new laws.For the purpose mentioned above,we need to,at first,do complete and deep analysis of such priority system,based on current effective laws,we should do research about its legal nature,the obligee and the obligor,payment scope,conditions to effectiveness,conditions to enforcement and conflicts between this priority and any other legal right.After that,with deeply understanding all these aspects of such priority,it will be revealed that such construction work priority has its nature as a kind of real rights for security.Except what is mentioned above,we shall do analysis to the legal patterns,in the same area,of other counties,mainly including first admission privileges,transferable securities,construction liens and statutory mortgages,through finding out special features,advantages and disadvantages about each of said foreign legal patterns,and comparing our system with them,shortcomings of current effective laws of our country could be just more easily to concluded,moreover,getting lessons from the advantages of these foreign legal patterns will help us to complement the legal system of our country.And such complementation will be introduced into the following aspects: 1.enlarging the scope of the obligee;2.enlarging the scope of the obligor;3.setting up a principle that such priority shall not be abandoned,and 4.setting up a principle that such priority shall prevail the tax priority,and so on.After all,there are still many shortcomings in our construction work priority system,for the purpose of making it more effective while regulating respective social relationship,the authorities should work out mating laws to regulate these issues and further solve the problem of lacking of applicable laws for certain circumstances.