Research On The Priority Of Compensation For Construction Projects

For a long time,withholding wages for construction project has been a prominent problem in the construction industry in China presently,thus making it become an issue to be dealt with of affecting the economic development and social stability.To address it,the Article 286 of Contract Law Of The People's Republic Of China has given the contractor the rights to be paid in priority out of proceeds for construction projects.However,as it formulates in a fairly principal way and lacks the concrete application rules,a rather major divergence occurs in this article's understanding,which leads to an extremely varied jurisdiction marked by different jurisdictions arising from the same case.The consequence is that,not only the function of the law system cannot be brought into full play,but also does contract parties be short of clear anticipation for it,producing negative effects to some degree on building an image of fair justice.Despite the fact that Supreme People's Court has publicized two judicial interpretations in the form of reply,namely“the reply to questions of rights to be paid in priority out of proceeds of the construction project” and “the reply to the question of whether the proceeds of the decoration construction project belongs to the rights to be paid in priority prescribed by the 286 article of Construct Law”,both of which have an positive effect and further make it workable for achieving rights to be paid in priority,many issues are yet to be dealt with thoroughly in the jurisdiction practice confined to its nature of reply and unable to formulate well-established system of rights to be paid in priority of the proceeds of the construction project in the jurisdiction practice.By combining the real case,making an study and analysis of right property,right subject,right scope and period of rights to be paid in priority out of proceeds of the construction project,does the present writer offer an solution for this case.This essay totals 25,000 words,composed of four parts and illustrated as follows:First one,is to introduce facts of this case,facts that surround construction contracts between a natural person surnamed Liu and Shenlong company and Sanheng company.Second one is to summarize the focus of this case.In this part main conflict focus has been introduced as multitudes of conflict focus as follows,including the rights property of rights to be paid in priority out of proceeds of the construction project;whether the natural person surnamed Liu enjoy rights to be paid in priority out of proceeds of the construction project assigned by Shenlong company;how to define the scope of rights to be paid in priority out of proceeds of the construction project in this case;whether the construct parties have exercised rights to be paid in priority out of proceeds of the construction project in a period prescribed by construction law.Third one is to carry out the analysis on the foundation of jurisprudence.First of all,the right property of rights to be paid in priority out of proceeds of the construction project is analyzed so that this right can be exercised quite well,thus making a solid foundation for the follow-on research from the theory perspective.Then surrounding the conflict focus of this case,right subject,right scope and right period of rights to be paid in priority out of proceeds of the construction project have been illustrated and different views,the view supported by the present writer in particular,in theory and practice level have been listed.Fourth one is to give the views of addressing this case.In this part,by combining the facts based on the case and making and analysis in jurisprudence foundation,present writer's addressing solution is therefore given.