Study On The Effectiveness Of The Priority Compensation Right Of The Construction Project

In recent years,China's construction industry has developed rapidly,and has made many achievements.But in the course of development of the construction industry,there is a social phenomenon which cannot be ignorde,which is that the construction unit generally default to the contractor?s works.Therefore,the 286 th article of the contract law of China establishes the priority system of compensation to protect the legitimate interests of contractors and to solve the problem of price arrears.The system is directly regulated by law,and it is the preferential protection for the contractor to obtain the price.The principle of private law based on the autonomy of the will,the contractor has the right to give up the priority of compensaton.However,at present,not only the theoretical circles of our country have different views on whether the contractor promises to give up the right of first refusal,but also in practice,the people's court does not agree with the determination and treatment of its effectiveness.As the construction price involves the survival interests of construction workers,it is of great significance to study the effectiveness of the commitment to abandon the priority of construction projects.Based on the priority of content and legal nature of claim,renounce the form of behavior and the different viewpoints and theories concept,the priority of the subject of right of claim of Judicial Dilemma and effective theory basis,and the priority value of the system of claim on the analysis of the construction project cost priority give up effect is discussed,the author believes that the construction of the priority of the priority of compenstation with resect to which the construction price is to give up,in principle,shall be null and void,but if provide effective guarantee to ensure the contractor to achieve the priority of compensation with respect to which the construc and the need of publiceinterests,tion price,to promote the implementation of "contract law" article 286 th legislative purpose.