Research On The Realization Of The Priority Right Of Compensation For Construction Project Price

Since the introduction of construction project price priority right system in our country,there has been a dilemma in the realization of priority right due to the principle of regulations.The judicial interpretation of construction project(2)in 2019 redefines the scope of application,the scope of the subject of rights,the starting point of the period and other issues of the priority right of compensation for construction project price.Some of the provisions are far from the understanding of the rules by the practice department for more than ten years,which has caused many disputes in practice.Therefore,there have been different judgments in the same case and different judgments in the judicial practice lo The w litigation support rate restricts the healthy development of China's construction industry.At the end of 2020,the Supreme People's Court issued the judicial interpretation of construction projects(I),which made further major adjustments to the judicial rules such as the period of exercise of the right of priority to be compensated and the scope of the subject to be compensated,and almost reconstructed the system.Because the new judicial interpretation has not been widely used in practice,it has not yet reflected the changes brought to the actual trial of cases,But in theory,such a significant adjustment is bound to affect our judicial judgment in the future.In order to solve the above disputes,this paper starts from the analysis of the current situation,based on the full legal interpretation of the system,and takes 303 cases from 2011 to2020 as the empirical data,classifies the cases according to the different points of dispute,and summarizes the current situation of the realization of the priority of compensation in the form of data,The specific problems can be roughly classified as: the starting point of priority compensation period is difficult to determine,the scope of compensation is difficult to identify,the validity of the exercise mode is controversial,and the subject scope is uncertain.And in view of each concrete question carries on the full research,summarizes each question the reason,forms to the priority right to be compensated the systematic research.Finally,combined with the Enlightenment of foreign related systems on China's system construction,this paper puts forward the following suggestions: 1;2.Expand the subject of compensation and conditionally bring the actual constructor into the scope of priority subject of compensation;3.Introduce "one time" registration system;4.Improve the relevant provisions of the reminder procedure.It is expected to be helpful to improve the system of priority of compensation in our country.