Under The Compilation Of Civil Code Inheritance And Improvement Of The Construction Project Priority

In 1999,the article 286 of “contract law” established the construction project priority,it plays an important role in protecting the rights and interests of the contractor.But because of the law provision is too simple,and some of the questions associated with the right has not been described in detail,which triggered extensive academic discussion.At present,the general principles of the Civil Code has been introduced,the specific provisions are being discussed.Under this background,should the construction project priority be inherited by the Civil Code? If be inherited,whether need to revise the present legislation? How to configure the right in the Civil Code? It is worth for us to discuss these questions.Firstly,this paper applies the method of comparative analysis,to compare the extraterritorial legislation on the construction project priority,and to summary from the configuration,nature,sequence and scope of legal validity of the construction project priority,and to hope it can provide reference opinions for inheritance and improvement of the construction project priority.Secondly,to analyze the legislative status quo of the construction project priority,using the method of historical analysis and value analysis,to demonstrate it is necessary for the Civil Code to inherit the construction project priority from the legislative background,legislative purpose and value of system.Thirdly,on the basis of analyzing the current various views of nature of the construction project priority,using the method of system explanation to repudiate the lien and the organic competition,and in the process of exploring the origin and development of the legal hypothec and priority,according to our country's current legal system,put forward to build the system of real rights for security of legal and agreed exist at the same time,and the construction project priority belonging legal real rights for security——the legal hypothec.The key of the article shows the conflict of “Reply” and “property law” to the sequence between the construction project priority and other rights using the method of value analysis;criticizing the judicial chaos in the judicial practice to the sequence between the construction project priority and other rights because of the different options of courts to the referee basis applying the method of case analysis.On the basis of the above analysis,the author thinks that we should take the principle of property rights of the public as the standard,build registration system of the construction project priority,and establish to register for the standard principle of the sequence applying the method of value analysis and case analysis.According the discussion of the theoretical circle and judicial circle to the scope of legal validity of the construction project priority,on the basis of value analysis,putting forward to the perfect opinions which right subject is contractor of the effective construction contract,object of right is the construction project,secured creditor's right is the construction project price.Under the background of the development of the Civil Code,based on the compilation rules and layout of the Civil Code of contract mod and real right mod exist at the same time,reference to the configuration mode of German Civil Code to the construction project priority,to put forward the configuration opinions in our Civil Code to the construction project priority,that establish the nature and sequence of the construction project priority in real right mod,determine the scope of legal validity of the right in contract mod.