The Protection Of Priority Of The Construction Project Price Payment

Article 286 of the “Contract Law of the People's Republic of China”(hereinafter referred to as the “Contract Law”)promulgated in 1999 formally established China's system of preferential remuneration for construction price.However,the content of the provisions of the law is too broad and not specific,and the actual operability is not strong.Subsequently,in 2002,China issued a judicial interpretation of this right by the Supreme People's Court,namely,“Review on the Priority of Right to Receive Construction Project Payments”(hereinafter referred to as“Reply”).This judicial interpretation explains the extent to which disputes over the priority of repayment of construction project prices are resolved.However,in judicial practice,because local courts have different understandings of the provisions,the law is also very different.In the judicial practice,the protection of the contractor's rights and interests appears to be unsatisfactory,many of which are due to the unclear definition of the nature of the rights,and the controversy over the scope of validity,the exercise procedures,and the definition of the sequential rules in the conflict of rights.The protection of this right cannot be put in place.This article analyzes the nature of rights,distinguishes their scope of validity,compares and analyzes the provisions of the rights of countries outside the region,and explores procedures for the exercise of this right,which has achieved the purpose of fully and comprehensively protecting this right.The article is mainly composed of four parts: The first chapter is an overview of the priority of the construction project price payment.First of all,the concept of the rights is briefly introduced,and on this basis,the concept of mortgage,lien and priority are compared and analyzed to understand their differences and characteristics.Through the introduction of similar concepts,the concept of priority and the priority of repayment of the price of construction projects are further understood.Secondly,the article gives a brief introduction to the meaning of the right to establish and change rights.The establishment of this right is based on China's national conditions and social development needs,and it is of great significance to the improvement of China's legal system.The second chapter is the part that this article focuses on.It is an analysis of the problems existing in our country's priority protection of the construction project price.The priority of the right to repayment of the construction project price is analyzed from the three main points of view: mortgage,lien and priority.The definition of priority for the repayment of the construction project price in China belongs to the priority category.Then it analyzes the scope of the rights,the determination of the exercise procedures,and the rules of the order in the event of conflicts with other rights.In order to achieve the protection of the contractor's project priority.The third chapter introduces the legislative provisions of other countries and regions.Through comparative analysis,it is known that regardless of the nature of the rights,there are corresponding legal provisions that give special protection to the contractor's priority for project funds.Among these,France and Japan require registration for the protection of this right,while other countries focus on the establishment of attachments.The most worthy of our reference is the establishment of a registration system.The fourth chapter is the advice given on improving the contractor's project priority protection.It is clear that the nature of the right enjoyed by the contractor is priority.The definition of the scope of the project money and the time limit for claiming the right of protection are clearly beneficial to the contractor's claim for the project,and the establishment of the registration system is a priority for the conflict between the contractor and other rights.The solution is of great significance.