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Research On The System Of Priority Right Of Payment For Construction Projects

Posted on:2021-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:G Y LuFull Text:PDF
GTID:2416330605964589Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an important area for the development of the national economy,construction engineering involves many stakeholders.In the practice of domestic construction engineering,due to the complicated debt and debt relationship,the interests of builders and contractors cannot be fully protected.As a result of the imbalance between the status of the contractor and the contractor,The legal rights of the contractor cannot be guaranteed,and the outstanding problem is that the contractor has arrears with the contractor's construction funds,especially the contractor defaults to the subcontractor.In order to solve the current problems of domestic construction projects,the contract law and judicial interpretation are used to construct the priority compensation system for construction projects.Based on the results of previous studies,this study is based on domestic judicial and legislative practices,and elaborates the current domestic construction project priorities.Problems in the design of the right to compensation system and the application of laws.The research in this thesis is mainly divided into the following five parts:First,the research background,purpose,significance,current status and content of research at home and abroad are described,which can be based on the shortcomings of the current topic research,and then it is pointed out that it is necessary to understand the construction project.The scope of the nature of the priority right of compensation and the establishment of a reasonable system;Secondly,the relevant theoretical overview of the priority right of payment for construction projects is elaborated,and the conceptual characteristics of the priority right of payment for construction projects are elaborated,combined with domestic construction projects.The status quo of the system of priority compensation right,it is proposed that the nature of priority compensation rights for construction projects in China should be priority.Thirdly,the current situation and problems of the priority payment right of domestic construction projects are elaborated,and the problem of arrears in the current construction price of domestic construction projects is more serious,reflecting the poor performance of the priority payment system of domestic construction projects in the specific implementation process.,Mainly due to the imperfection of the domestic legal system in the construction process.Fourth,in view of the scope of construction engineering price system of the priority of compensation with respect to the relevant provisions,and elaborates the enlightenment to the system construction of the country,put forward in view of the domestic project priority system,in the process of perfecting the system,one is a specific construction project price range of the priority of compensation with respect to the subject,two is suggested that introduces participants in the construction project priority registration system,three is to increase construction main body in the judicial process in case the payment delay or malicious default,the application of the construction engineering temporarily detained Settings,and so on.Fifth,effective suggestions have been put forward to improve the system of priority compensation for construction projects,including the need to further clarify the subject of priority compensation for construction projects and the definition of the scope of compensation for priority compensation.Rights disclosure system,etc.
Keywords/Search Tags:Construction project, priority payment right, priority system, problems
PDF Full Text Request
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