Study On The Difficult Problem Of Priority Right Of Compensation For Construction Project Funds

The problem of migrant workers' demand for wages once erupted into a social event,the most influential of which was that premier Wen jiabao personally helped migrant workers to get their pay.Therefore,the public's vision returns to the exploration of article 286 of the contract law of 1999,which clearly gives the contractor the priority of compensation,why the project payment default is still so serious.The Supreme Court issues the reply and judicial interpretation to guarantee the implementation of the contractor's rights.However,in judicial practice,the phenomenon of different judgments in the same case is prominent.The reason is that the existing provisions are too principled and not strong in operability.This paper will take the existing outstanding problems as the starting point to discuss,through reading relevant literature,looking up a large number of typical cases,summarize the academic and theoretical circles on the handling of these problems,and combine their own understanding and views,put forward targeted Suggestions.This article mainly from the following aspects to carry out the research,and strive to achieve their original intention of research.The first part is the introduction,including the background,significance,literature review and research methods.The second part mainly introduces the basic problem of the priority right of payment for construction project,including what is the solution and what kind of rights.Only by understanding these basic questions can we better explore and answer the following difficult questions.The third part is clear on construction since the implementation of the priority of compensation system,the legislation present situation and the status quo is what kind of trial,through the clear time line and data statistics in the protection of the rights and interests of the contractor has achieved results,but still faces many problems need to solve,to better implement the system efficiency.The fourth part is about the dilemma of the application of the priority compensation system for construction project price,mainly in view of the present more prominent problems to discuss,mainly is the actual construction and the creditor's rights assignee's subject status is unclear,the effectiveness of the contract to give up the lack of evidence for the determination,whether the fund can become the priority compensation scope of the dispute.The above several problems are basically in the legal blank,only a few local high court guidance opinions have some guidance provisions on this problem,but search the relevant cases of China's judicial documents network,the trial practice is relatively common contradictions and disputes,the need for top-level design to clarify.The fifth part is on the basis of finding problems and analyzing problems,put forward my own thoughts on the improvement Suggestions.Make it clear that the actual construction personnel and the assignee of the creditor's rights are the subjects who can exercise the priority right of compensation of construction project funds,and agree to give up the effect of the priority right of compensation of construction project funds.The cushion fund can be included in the compensation scope of the priority compensation right of the construction project fund,but the cushion fund not used for the project cannot be included,because it violates the original intention of the legislation.