Research On Perfecting The Payment Guarantee System Of Construction Project In Our Country

The construction industry,as the pillar industry of national economy,has a significance to the stable growth of national economy and the improvement of people's living level.However,in the process of construction payment,the arrears problem hindering the healthy development of construction,which is becoming the inextricable illness.It not affect the development of construction enterprises,but also greatly affects the progress of setting up the social credit system.At the same time,it's easy to cause the problem of unpaid wages for migrant workers,the project quality which is not qualified and a series of chain reaction,which in a way destroy the social stability and unity of our country.to this end,government departments have promulgated a series of policies,adopted some administrative access to solve these problems.Although,the government made source progress and achievements in the short term,there is still a long way to make it.And the root of the problem project payment default lies in China's existing payment of safeguard measures.At present,the main safeguard measures include: the related regulations to carrying out construction project funds;the relevant provisions of payment in the priority system of construction project and the payment guarantee system of the owner.Because of the defaults and shortness of these measures,it reads the low efficiency of carrying out the funds of construction project,these is no clear standard to carry out the funds.Also,there is no clear rule to declare the legal consequences after the violation,which leads to the administrative regulatory loopholes.As to the rule,The settlement of construction project which has specific rules of the payment in construction project,it has poor execution because of its low legal status.Compared with it,The construction law of the people's republic of China(here in after referred to the construction law)and the contract law of the people's republic of China(here in after referred to the contract law)which has higher legal status,have no specific and detailed rules of carrying out the payment in construction project,Also,they are of poor execution.The contract law 286 declares the priority payment system in construction project,but there is no clear properties of the priority,which affects its implementation,correctly and properly.After the supreme people's court has issued judicial explanation of refinement for the payment system,but it didn't form a complete system.And the judicial explanation itself is of some unreasonable shortness which greatly influences the function of the system.And to the payment guarantee system of the owner,although the state has vigorously advocated it in recent years,only to be seen in some policy documents and texts,it didn't form the mandatory legal regulation,which leads to the limited execution.Therefore,it is necessary to develop the payment guarantee system of construction project in our country,on the basis of great considerations in construction project of the payment guarantee system.in other foreign countries,to ultimately achieve the purpose of solving the problem of project payment.