The Research On Perfection Of The Right Of Preferred Payments For The Construction Project In China

In order to solve the problem of construction projects and workers' wages,comply with international legislative protection,Article 286 of China's “Contract Law” establishes a priority compensation for construction project.However,due to the simplification of this provision,there are various disputes surrounding the application of the priority payment system for project funds.Judicial circles have been arguing about the nature of the project project's priority right of compensation,the subject of the exercise of rights,the scope of claims,the conditions of exercise,and the order of power in the event of conflict with consumer claims.Due to the construction projects are extremely complicated,usually involves multiple parties,different court judges have different interpretations of legal provisions,how to reasonably and effectively solve the problem of project payment arrears,it has become a difficult problem before us.The Supreme People's Court was launched in 2019 the the Application of Legal Issues in the Trial of Construction Project Construction Contract Disputes(II).There are seven provisions of the priority compensation for construction project.First of all,this paper gives the theoretical basis.This system is to solve the unequal status of supply and demand in the construction projects,protect the relatively weak contractors,and urge the clearing of arrears of engineering funds to provide strong protection.However,due to the complex determination of construction contract,new features and new challenges in the construction field,disputes over the judicial application for construction projects have always existed.The main parts of this paper is to discuss the basis of the right to claim the project's right of priority.Including the general contractor,subcontractor and actual constructor of the right exercising subject,advances and interest in claims,contract validity issues and project quality on exercise conditions,the contractor and the contractor have agreed to waive or restrict the priority of compensation.The third is to analyze and demonstrate different legislative models in different legal system to explore the theoretical basis.The analysis shows that the legal priority theory is more reasonable under the legal framework of our country.Finally,this paper reflects on the special issues of the second part,and to put forward suggestions in the hot item project.Think that the actual constructor and subcontractor are also entitled to exercise the right to receive priority payment of the project money on the premise that the quality of the construction project is qualified.In terms of the scope of compensation,the contractor's advance payment of the project funds and overdue interest should not include the scope of priority compensation.Regarding the conditions for the exercise of rights,insist on refining the conditions for the exercise of the right to receive priority payment for construction funds based on the value-added theory,emphasize the particularity of value-added protection of construction projects,regulate the scope of creditor's rights to waive or limit the burden of proof to damage the interests of construction workers to avoid abuse of rights.