On The Perfection Of Priority Compensation System For Construction Project Price

With the steady progress of urbanization in China,the real estate industry is developing vigorously,the demand for infrastructure construction is increasing,and the construction industry is also booming.At the same time,the problem of large construction project payment arrears is particularly prominent in the development of the construction industry.The arrears of construction project payment not only infringe the interests of the contractors of construction project,but also make the construction workers unable to get labor remuneration,make life difficult to maintain,and cause social conflicts and mass incidents.In order to solve this dilemma,article 286 of the contract law establishes the priority right of compensation for construction project price,and the supreme people's court's "reply on the priority right of compensation for construction project price" explains the problems existing in the application.On October 29,2018,the supreme people's court on the trial of construction project construction contract dispute case applicable law(2)"the explanation of some issues through review and principle of the construction process the priority of compensation with respect to price has made the new regulation,to apply in more controversial problems to solve,has considerable practical significance-However,the priority of compensation for construction projects is not completely resolved,and there are still some problems,which are of great significance.In view of the continuous emergence of many problems in practice,systematic research should be carried out on the system of priority of construction project price,which is not only conducive to the improvement of relevant legal system,but more importantly provides ideas and directions for better solving the difficult problems in judicial practice.In addition,the study and reference of foreign advanced system also provides experience for our country to better construct and perfect the system of priority compensation for construction project price.Due to its high investment nature and complexity of legal system,the problems related to project construction are not only the problem areas of China's construction industry,but also recognized internationally as difficult problems.Each country basically according to respective national conditions characteristic has set the legal guarantee right which specially enjoys by the contractor,protects the contractor's legitimate rights and interests.The pre-adjudication mechanism of construction disputes in Anglo-American legal system facilitates the exercise of rights.Japan clearly stipulates the content of the nature of rights in the legislation,France's extensive creditor's rights range in the legislative model,and Germany's legal mortgage registration system plays a role in practice.Practice of safeguard the legitimate rights and interests of contractors and construction workers and improve the construction project cost in theory the priority of compensation with respect to the problems existing in the system,this paper USES value analysis method,empirical research method,comparison research method and typed analytical research method and other research methods,the combination of in order to further improve the system of construction project cost the priority of compensation are studied to explore.The perfection of this right system will help to eliminate the stubborn problems existing in China's construction industry,remove the obstacles to the development of China's construction industry,promote the stable and rapid economic development,the people live a happy life,and connect with international standards,laying a solid foundation for the construction of "One Belt And One Road".This paper is divided into four parts of construction engineering price system of the priority of compensation with respect to the research:the first part is the construction project cost overview of the priority of compensation system,the concept is defined,explains its legal features and focus on the issues that exist in the qualitative analysis,this paper expounds the relevant theoretical problems.In the second part,this paper adopts the method of comparative study,and selects the characteristics of relatively representative national system to introduce,so as to eliminate the shortcoming.The third part probes into the problems existing in the priority compensation system of project price,and raises questions on the aspects that should be further clarified in legislation,including the undefined allocation of capital under special circumstances,the unitary exercise method,and the blank provision of procedural law.The fourth part of this paper puts forward Suggestions to solve problems and improve the system.First of all,the scope of the creditor's rights still exists in the specific analysis of the solution,the pre-waiver of the valid exception of the circumstances do specific provisions to resolve the priority of the exercise of rights in the conflict.Secondly,in terms of procedures,we should make diversified and specific provisions on the exercise of rights,build relevant systems,and supplement and improve the system of priority compensation for construction project price.Along with the continuously perfecting legislation,supporting regulations introduced,the system can be set up,the construction project price relationship between the rights and obligations of the priority of compensation with more clear,more clearly the scope of the subject,object,the provisions of the exercise of power and the use of more specific,the protection of construction project contractor also will be more deepen,thus to strengthen the legal rights of construction workers this group of slope protection.However,there are still obstacles in the exercise of rights due to unclear provisions.Although the existing law in the judicial level has targeted to solve the construction project priority compensation rights in the practice part of the problem so that the judicial practice of the confusion has been clarified to some extent.In the new legislation has not completely cover the current construction project price system of the priority of compensation with respect to the problems of many aspects of the case,but relative to the right in the process of actual exercise of facing the complex situation,the legislation on the regulation of rights should also be more detailed and specific to make the system more efficient use of its adjust the action of the corresponding social relations.In the process of writing only "contract law" the 286th "approval" of the system and the highest law regulation,college after submitting finalized on the same day,the Supreme Court principle through the "explanation"(2),has a great influence on the legal system,is of far-reaching significance,this article also made a greater adjustment accordingly,due to the adjustment time is shorter,the paper views immature or imperfections,there must be for deficiencies ask teacher understanding of the work,and sincerely and kindly review the teacher criticized the correction.