On The Legal Validity Of Compensation Priority Abandonment For Construction Project Price

The preferential payment of the construction project price is the statutory security real right that is directly stipulated by the law for the protection of the contractor's project price and the construction worker's wage benefit in China's “Contract Law”.However,in real life,due to the complexity of the construction industry,the phenomenon that the contractor has given up the preferential right to repay the project price in an agreed manner has emerged,which has also led to a series of discussions between the theoretical class and the real sector.Based on the principle of autonomy of will in our civil law,the project contractor has the right to dispose of the preferential compensation rights for the construction projects he owns.However,we can see through legislative purposes that there are still tens of thousands of construction workers' wage benefits behind them,and these wage benefits involve the benefits of construction workers' survival rights.If the project contractor is allowed to waive such rights,the rights of construction workers as vulnerable groups may not be guaranteed,affecting social fairness and justice.Therefore,we need to make corresponding restrictions on the autonomy of the autonomy of giving up the priority of the project price.At the same time,taking into account the particularity of the construction industry is the long construction period and the need for substantial financing.We should also take care of the financing requirements of contractors or contractors.Blindly negating the right to give priority to the repayment of the construction project price is also too one-sided,which is not conducive to the sustainable development of China's construction industry.On the basis of combing the existing viewpoint theory and different cases,the author puts forward the view that the project price is the most effective way to give priority to relinquishment.The greatest advantage of this view is that it not only guarantees the gains of the majority of construction workers' wages,but also enables the contractor or the contractor to use the construction in progress as a guarantee for the corresponding financing.In order to draw lessons from the useful experience of foreign legislation,the author has also combed out the relevant provisions of foreign legislation in Taiwan,Switzerland,Germany,and Japan.The author proposes several constructive suggestions for the establishment of the viewpoint that the abandonment action is relatively effective,such as the fact that the abandonment must be made in written form,the need to abandon the act does not affect the pay of the construction worker's salary,and the effective guarantee before giving up.The project contractor's abandonment of the preferential compensation for the construction project price does not eliminate the right directly provided for in this law,but merely changes the order of compensation for the project price.In the article,first of all,it will expound the already existing theory of engineering price and practice industry's pre-emptive rights relinquishment behavior and give up the invalidity point of view,and introduce relevant judicial cases.Then we will point out the insufficiency of the existing theory..Secondly,through the analysis of the nature of priority compensation of project price and the abandonment of the preferential repayment behavior of the project price,the concept of giving priority to the right to relinquish the right to the project price is elicited,and relevant arguments are elaborated.If the project price is to be repaid The act of power should belong to unilateral civil legal acts.In this part,it will also prove that the project price privilege for giving priority to project repayment is relatively effective,such as respecting the autonomy of the parties,facilitating the financing of loans,and safeguarding the purpose and purpose of legislation to ensure the survival rights of construction workers and other benefits.In addition,relevant legislation on extraterritoriality has been sorted out to prove the reasonableness of the establishment of the relatively effective theory of giving priority to the relinquishment of project price and to learn from its useful experience.Finally,it proposes to abandon the constitutional elements of effective behavior and its related legal consequences under the relatively effective theory.If the abandonment is effective,it must have the meaning of giving priority to the relinquishment of the project price in written form,do not affect the payment of the construction worker's salary,and provide effective guarantee before giving up.Finally,in order to improve China's preferential remuneration system for construction projects and better play its legislative role,two legislative proposals are proposed.One is to apply the registration system for the preferential repayment of the project price,registration and deregistration;the second is to require the contractor to provide guarantees for the contractor who has given priority to relinquish the project price.