Realization Of Construction Project Priority In Bankruptcy Liquidation Procedure

China's construction industry is in a very important position in the national economy.Since the construction project construction contract is a special type of contract contract and has the natural right of defense of the contract,the construction company often faces a situation of limited financing channels and serious shortage of funds in the construction process.The construction unit often needs to use various means to finance.The normal financing methods that enterprises can use are very limited.Therefore,the pressure to alleviate the demand for construction funds has turned to the actual workers,resulting in various types of illegal subcontracting and illegal subcontracting.Bankruptcy is one of the social policy requirements in the process of economic development,so as to strike a balance between the majority of creditors when the market subject exits.Although it belongs to the field of civil and commercial law,it has the function of economic law.Qualification is the basis of the construction industry.Due to its versatility,many construction companies can operate nationwide,and carry out commercial activities in the form of joint stock companies and branches.The management of subcontracting and subcontracting are the rules of the industry.The bankruptcy liquidation procedure is the procedure for the survival of the fittest.As the market entity clean-up mechanism,as to protect the justice and order of the bankruptcy law,the liquidation rules of the bankruptcy property need to reflect the principle of fair settlement of the bankruptcy law.However,the positions of different creditor-debtor relations in the liquidation procedure are not the same.Different entities have different creditors and debts at the start of the bankruptcy liquidation procedure.The contradictions and trade-offs between these stakeholders need managers.Give full attention to the bankruptcy process.Due to the need for construction companies to use a variety of means to finance,coupled with the existence of actual construction workers,based on the construction industry has a large volume of projects,large capital investment and complex engineering relations,the construction project price priority repayment rights in bankruptcy claims How to achieve it has become a difficult problem in bankruptcy law.The contractual law's construction project contractor's project payment credits stipulated in Article 286 may be preferentially compensated,but in the specific bankruptcy case,,the priority and the others is essential.The coordination of subjects and their characterization and application in bankruptcy proceedings have become the focus of disputes in the trial of bankruptcy cases.In the actual engineering construction field,the general contractor may face the problem of the actual workers in two cases.One is that the actual workers uses the name and qualification of the general contractor to “hit” the general contractor to carry out the bidding work and it is smooth.After winning the bid,the actual workers,named “subcontractor”,actually contracted the entire project,and the general contractor was only responsible for charging a certain management fee.The other is that after the general contractor has contracted the project through legal channels,in the course of carrying out the project subcontracting,the actual construction person is called to the subcontractor.On the surface,the general contractor and the subcontractor have signed the construction project.The contract,in fact,the main body of the project is completed by the actual construction person,and communicates with the general contractor and the subcontractor.The generalcontractor and the subcontractor are not directly connected with each other.The actual workers will carry out the whole construction plan of the project according to the contract,and The opposite party to the contract is not the actual constructor,and the general contractor still pays directly to the subcontractor.Compared with France,Japan and other countries with relatively mature legislation,the provisions of the current Chinese law on the priority system appear to be more scattered,theoretically immature and inadequate in practice,making this deficiency and defect the same in bankruptcy law.Reflected.Therefore,after the construction unit enters the bankruptcy procedure,it is necessary to determine the status of the actual construction worker's construction project payment right in the bankruptcy law.When the priority of the construction project price is in conflict with the related rights,especially when there is competition between the priority of the construction project and the mortgage creditors,the value trade between the rights is a difficult problem.The security value of the priority system is realized by means of individual adjustment and differential treatment.The objects protected are mostly the interests of the weak or the public interest of the society.The law should be declared and protected in a single and clear way.Interest or existing interest,not transaction security.The same is true for the priority of compensation for construction projects.Therefore,once entering the bankruptcy process,there will be fierce competition around the bankrupt property,especially the real estate itself.If the bankruptcy law cannot be flexibly balanced,the actual workers may face obstacles to the preferential compensation in bankruptcy process.The trial formed an obstacle and led to a poor functioning of the bankruptcy mechanism.The main content of this paper is divided into seven parts.The first part is a brief leading-in,which mainly describes the significance of the bankruptcy of the construction industry,leading to the worth of the priority of the construction project price in the bankruptcy process.The second part is the basic theory of the priority system of compensation for construction projects.The definition of “preservation and appreciation of wealth” is defined as the legislative basis for the priority ofcompensation for construction projects,introducing the foundation of the rights to the right to compensation-the construction contract,and determine the right subject of the construction project price priority.The third part explains the value orientation of justice and order in bankruptcy law and the economic law adjustment function of bankruptcy law,and link the bankruptcy law to the social value.The explanation of the construction industry and the bankruptcy property illustrates the necessity of positioning the priority of the construction project price in the bankruptcy law.The fourth part will define the nature of the priority,and combined with the theory of rights tilt protection,demonstrates that the priority of compensation for construction projects should be biased,and clarify that the priority compensation is paid off in special claims.In order,the order of the rights in the bankruptcy process is correctly positioned.In the fifth part,this paper will analyze the path of the construction project price priority repayment right in the bankruptcy process,and analyze the independence of the construction project price priority repayment right in the bankruptcy process by combining the court's judgment intention.Priority solves the obstacles to the lawsuit through the unjust enrichment sin the common debt,and proposes to introduce the "Butner Principle" in the US law,and realize the bankruptcy law on the priority of compensation for construction projects.