The Research On The Disputes Of The Starting Point Of The Priority Of Construction Project Price

Construction project price priority compensation as a guarantee contractor project relief,the relevant provisions of China's "Contract Law" seemed thin,so "Reply to the issue of priority payment of construction project price" issued by the Supreme People's Court in 2002 made further specification for the starting point of priority payment of construction project price.However,for the starting point,there are still many problems at theoretical interpretation and judicial practice.Based on the current legal norms of our country,this paper tries to re-sort out the applicable standard of the starting point of the construction project price priority compensation in view of the theoretical controversy and the practical problem.The whole idea of this paper is to sort out the theoretical controversy and the main problems in the judicial practice of the priority of construction project price,in the comparative analysis of the completion of the day and the end of the report that the two theoretical basis,to further explore the relevant suggestions.This paper is divided into four chapters.In the first chapter,based on briefly combing the cases of our country 's court in recent years on the application of the priority of the construction project price,the main dispute in the judicial practice is that the starting point of the exercise is inconsistent.In the second chapter,the author makes a legal analysis on the priority of construction project price,and analyzes the development process,the situation of foreign legislation and the comparison with other security interests,and puts forward the reasons for the dispute at the starting point,such as the provisions of the law conflict,the date of completion is difficult to determine and the exercise period is unreasonable and so on.The third chapter mainly compares the standard of the two main starting points in the current judicial practice,compares the pros and cons of each standard by exploring the intention of the legislator,it is more reasonable to conclude that the date of the end of the notice period is the starting point for exercising the priority of the construction project price.The fourth chapter mainly puts forward the suggestions on perfecting the legal system of the priority of construction project price in our country,namely,perfecting the exercise period and urging to perfect the system value of the construction project price priority.