Research On The Priority Of Construction Projects

In recent years,the construction industry has been booming,and it has occupied an important position in the national economy.But at the same time,because of its wide coverage,it also has a high degree of risk.Due to the problem of unequal supply and demand in the construction market,the discourse power of construction market is extremely imbalanced.The contractor with an advantageous position often retains the arrears of the project price,which seriously restricts the development of the construction site of employer,even triggered a series of social problems such as group demanding for wages events,including suicide of construction workers.In order to solve the dilemma of default on project funds,the Contract Law has set the law terms provided for the contractor to enjoy the right to receive priority payment on construction project.The Supreme People's Court did the same in 2002 and 2004 respectively.The two basic provisions of the "Reply for the Priority of the Right to Compensation for Construction Project Prices" and "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Dispute over Contracts on Undertaking Construction Projects" were issued,and some confusions on judicial trials on such cases were initially solved,but Still too general and not operable.To this end,the Supreme People's Court promulgated and implemented the "Judicial Interpretation of Cases of Dispute over Contracts on Construction Projects" on February 1,2019,which further stipulated disputes over the priority of construction projects.But even so,there are still many controversies and ambiguities in the priority system of construction projects.In view of the actual situation,the implementation effect is not successful.In China,a perfect priority system has not been established yet,and the mismatch between theory and practice has led the contractor to face many challenges in the process of claiming the priority of construction projects,such as the conflict between priority and mortgage,etc.How to balance the interests of all parties is the crux of the problem that must be considered urgently.The purpose of this article is to make an in-depth analysis from the nature,and clear the scope of compensation ofconstruction projects,also to solve the conflicts of stakeholders,It is also necessary to consider the protection of the rights and interests of the labor group in the process of exercising this right,that is,the priority of construction projects should be publicized through registration,and China should change the priority to the law-oriented registration mode.In addition,the improvement of the legal system is not enough,and comprehensive measures based on law are needed,such as further strengthening the social credit system,building and improving the payment and guarantee system for construction projects,and increasing the punishment of untrustworthy offenders,in order to achieve the purpose of ensuring the priority of construction projects.This article consists of introduction and the following four chapters:The first part is based on the nature analysis and theoretical basis of the priority of construction projects,the concept of priority is expounded;the theory of lien,statutory mortgage,and priority are analyzed and compared in the theoretical world.Reasonable,construction project priority should be characterized as legal priority.The second part is starting from the provisions of the "Second Judicial Interpretation of Construction Project Construction Contracts",the problems of priority are analyzed,and it is considered that there are still ambiguities in the scope of the subject,whether the advancement is uncertain for the scope of compensation,and the methods and procedures of exercising the priority of construction projects Problems such as unclear regulations,some provisions of the "Interpretation of Law Two" still have great defects in theory and practice.The third part is analyzing and introducing the priority of construction projects in typical countries outside the region and other regions.By analyzing foreign doctrines and related systems,and absorbing the measures taken when related problems occur in foreign countries,we can practice the priority of construction projects in China.And research work.The fourth part is in view of the deficiencies in the "Second Judicial Interpretation of Construction Contracts",corresponding suggestions and solutions are put forward accordingly.First of all,the subjective scope of priority should be further expanded to include subcontractors into the subjective scope.Secondly,from thescope of compensation,liquidated damages should be included in the priority compensation scope,and advances should be treated differently.Finally,the necessity of establishing a publicity system is analyzed,and the experience of legislation in other countries should be used for reference.The registration publicity and priority system should be combined,and the procedures should be secured by the security rights procedure to ensure the smooth implementation of the priority of construction projects.