| Since the reform and open policy,our country economy rapid development,especially the fast development of building engineering construction field,is accompanied by the owner all overdue payments related to a growing problem,rights and interests is difficult to guarantee the contractor project payment.Triggered by all overdue payments related to migrant workers petition and mass incidents,tofu,uncompleted project,the false prosperity of the real estate industry,high housing prices,already built housing vacancy rate is high,has severely restricted the construction area and even the healthy and orderly development of China's economy as a whole.Fundamentally solve the problem of the owner all overdue payments related to is urgent,relying on the "invisible hand" is the market economic regulation and policy of local government "fragmented,constantly changing regulation cannot contain all overdue payments related to malignant development of the situation.To solve the problem was,we must establish and improve the guarantee system of relevant laws and regulations,the contractor project payment make payment problem solving from the source to the final liquidation thoroughly implement laws,the laws,law applied,the barriers.At present,our country about the contractor due to security laws and regulations are relatively vague,many rules lack of maneuverability,became an armchair strategist,unfortunately only for contractor painted flowers,but not for food.The author tries to improve the legal solution to the problem of arrears of engineering with his limited knowledge,so that the existing law can be more detailed and more operable in protecting the creditor's rights.This article mainly analyzes the owner all overdue payments related to the present situation and reasons for this social phenomenon,and further discusses the owner all overdue payments related to the deficiency of the laws and regulations and the corresponding measures for perfecting the feasible.On the analysis of present situation and reasons for the owners of all overdue payments related to,the author first analyzes the owner all overdue payments related to the general situation,general characteristics and significant harm,and then in turn from the market regulation,government regulation is not in place,relevant laws and regulations is not sound and other possible reasons for four aspects analyzes the owner all overdue payments related to serious reason.To explore the influence of the owner all overdue payments related to law regulation and improve the measures,the author in turn from mat endowment money to carry out the examination standard,engineering,the owner to pay guarantee,the priority of compensation with respect to construction project,the legal right of defense contractor in five aspects,such as analysis and the current legal system,trying to build and improve the system of funds to carry out the supervision legal protection,legal security system of the rights and interests of the contractor project mat endowment,owners pay compulsory legal security system,the priority of compensation with respect to the legal safeguard system for construction project,the legal right of defense contractor security system.The project construction contract the nature of the owners all overdue payments related to the problem is very serious,and the arbitration or litigation means while you can safeguard the rights and interests of the contractor's project in a certain extent,but also is "too late",the owner of all overdue payments related to is still not effectively solve the problem.The root and root of the problem of the owner's arrears to the project is the market regulation,the government regulation,the legal regulation,the owner's full performance of the contract and the contractor's awareness of the right consciousness.Only by perfecting relevant laws and regulations,so as to prevent or reduce the problem of project payment default,and the perfection of laws and regulations,Rome was not built in a day,but as long as we insist on,problem is solved. |
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