On The Perfection Of Priority Remuneration System Of Construction Project Price In China

As one of the important industries in our country,the construction industry has greatly absorbed the surplus labor in urban and rural areas and has played an important role in promoting the steady and healthy development of the market economy.However,with the continuous development of the construction industry,there are more and more problems exposed.One of the most serious problems is the arrears of the project price.In order to solve this problem,China established the preferential compensation system for construction projects in Article 286 of the "Contract Law" promulgated in 1999.This system has also played a certain role in resolving the problem of arrears of project prices at the initial stage of implementation..However,with the widespread application of priority compensation system for construction project price in judicial practice,it will inevitably expose some defects: the law does not stipulate whether the subcontractor and the actual construction person can exercise the priority of the construction project price when the contract is invalid;The scope of the project price that can be applied for priority compensation is not comprehensive enough;there is no legal basis for how to determine the effectiveness of the contractor's waiver of its priority right to be eligible for contracting;the procedural requirements for realizing this right arealso very good.It is scarcity.The defects exposed by the priority compensation system for construction project prices have also affected the role that the system can play,and the stable development of the project contracting industry has also been threatened.In order to earnestly play its role in giving priority to the remuneration system for construction projects,it is urgent to perfect the deficiencies.By analyzing the existing legal provisions and judicial practice cases,the provisions of this system can be refined and supplemented from these aspects.Determine whether the subcontractors and actual constructors will be protected by the law when the construction contract is invalid;more detailed explanations can be provided on the scope of the project owner who can apply for priority compensation,reducing the scope of compensation.Controversies that arise;determine the effectiveness of the contractor's waiver of the preferential repayment behavior of the construction project price;increase the relevant procedural provisions that guarantee the realization of the priority reimbursement rights;and make the realization of the rights more standardized.