Study On The Realization Of The Priority Of Construction Project

This article is based on the legislative intent of protecting the construction workers ’right to livelihood from the system of preferential compensation for construction project prices.The right of survival is superior to the right to operate and the contractor should give the value-added part of the contractor’s property the priority of construction project payment for his work.,To clarify the basic legal issues related to the priority to be paid for construction projects,and discuss the issue of rights in the case of conflicts with the rights of the contractor and other creditors.Combined with the provisions of Article 23 of the Supreme People’s Court’s Interpretation on the Legal Issues Applicable in the Trial of Construction Project Construction Contract Dispute Cases(II)(hereinafter referred to as "Interpretation(II)"),the Contractor shall further explore the priority of compensation for the construction project’s abandonment of the construction project price.The effect of the right behavior on the creditor’s right ranking.Specifically,this article first introduces the historical evolution of the priority to be paid for the construction project price.It is intended to clarify the process from the first establishment to the subsequent enrichment in order to meet the needs of practice,and then to point out the progress and progress it has made in the evolution process.There are deficiencies.Then,since the core topic of this article is the issue of the realization of the priority of the construction project’s priority to be paid(as a non-subjective phenomenon in the legal world,it reflects the size,strength,or value of the primary and secondary relationship in the validity of the right).),So before researching the right order,the nature of the priority to be paid for construction projects should be clarified.By comparing and analyzing the opinions of domestic scholars and foreign legislation,the author finally determined that it is not a statutory mortgage,but a type of debt with secured project funds.A legal priority to fulfill a role.On this basis,the author proposes the core of the research in this article,which is to analyze the internal conflict of rights of the construction project and the right to pre-purchase the contract and the arrangement of the consumers in combination with the original legislative intent,judicial practice,and legal principles of the construction project.Finally,on the basis of the "Interpretation(II)" which recognized the effectiveness of the contractor’s act of giving up the priority of compensation for the construction project price,he continued to pursue the order relationship after the abstention and finally gave reasonable arrangements.In general,the internal order of priority payment rights for construction projects depends on whether the underlying claims are directly related to the construction workers,and the higher the degree of priority,the higher the priority;the specific core of the consumer’s pre-purchase contract rights should be clear,including the proportion of house purchase payments If less than 50% of the purchasers have the right to return the house payment,and allow them to change their status by making up the purchase price;when the waiver is valid,if the waiver is a general waiver,the priority of the construction project payment and the mortgage On the same rank,if there is a partial abstention,it is inferior to the mortgage.