An Analysis Of The Case Of Hejian Company V. Jinhua Company Construction Project Price Priority

Project money is the core issue in the field of construction engineering.Almost every case involves more or less the payment of the engineering progress,the way,and the amount,The method of payment and the time limit of payment constitute the important content of the problem of engineering payment in the field of construction engineering.In order to solve the serious problem of outstanding payment in 1990 s,Article 286 of the contract Law,it provides for the priority of payment of the construction project price.It expands the protection of the contractor on the basis of the equality of the civil actors.It breaks the formal equality between the parties,realizes the substantive fairness,and effectively protects the interests of the relatively weak groups on the contractor side.It also plays a role in protecting the interests of a large number of migrant workers working in cities.However,Article 286 of the contract Law is relatively rough,and it is difficult to apply correctly to various complex situations in the field of construction projects.In 2002,the Supreme Court issued a "reply",which aims at the order and scope of compensation in the event of a conflict of rights under different circumstances.The exercise period and the starting point are specified in detail.Although this system is more operable,it still can not deal with all kinds of problems in reality.In judicial practice,The judicial organ does not agree on the same issue,which gives the judge in the center greater discretion,and reduces the parties' prediction of the trend of the case.From the real case,this paper summarizes the three controversial points involved in the analysis,specifically: the construction contract invalidity should not become an obstacle to the establishment of rights,should be since the expiry of the creditor's debt settlement period when the contractor still does not pay the project money,The standard of starting time for the period of six months' exercise of rights shall be the date of completion agreed upon in the contract,the date of actual completion,the mode of combination of the creditor's rights when they are paid off and the date on which the contract is dissolved or terminated.Finally,the waiver of the priority of the construction project price is only relative to the priority of the right to give up the interests of a specific person,not a total loss of rights.Through the methods of inductive analysis,comparative analysis and illustration analysis,this paper starts with the provisions of Article 286 of the contract Law and the provisions of the Supreme Court of the Supreme Court.The author generalizes the focus of the dispute,points of view of the parties to the focus of the dispute,The existing laws and regulations and the court trial examples,the legal theory level carries on the comprehensive analysis,clarifies the author's point of view,in order to put forward the concrete practical proposal.