The Predicament And Outlet Of Application Of Priority Compensation System Of Construction Project Price

According to article 807 of the Civil Code of the People’s Republic of China,the construction project price priority compensation system plays an important role in correcting the imbalance between the contractor and the contractor and restraining the contractor from defaulting on the project payment.The system in the process of apply,however,because of the lack of clear rules,is facing some new problems,such as the actual construction people can subrogation exercising creditor’s rights of which the construction price is the priority of compensation,whether the transferee can enjoy the priority of compensation and mat endowment money into the scope of the priority of compensation,the priority of compensation with respect to which the construction price give up problems,etc.Through practical investigation,different courts have different understandings of the above problems,different judgments of the same case sometimes occur,and their reasons are not convincing.First of all,because the actual construction contractor is not the relative person of the construction contract,in general,it cannot claim the priority right of compensation of the construction project price to the developer.However,in subrogation litigation,because the contractor is negligent in asserting the creditor’s right of the due project price to the employer,the actual construction contractor can be allowed to exercise the priority of compensation in order to maintain the wage interests of construction workers.Secondly,as a kind of real right of security,the priority right of compensation of construction project price has the subordinate property of transfer,and the priority right of compensation of construction project price is transferred when the creditor’s right of construction project price is transferred.Thirdly,whether the cushion capital should be included in the scope of priority compensation should be judged by whether it is actually used for project construction.It is worth noting that the contract signed between the contracting parties is called advance capital,but in fact the two parties are lending or financing and other activities of the agreement,not the construction project price priority compensation right protection.Finally,the contractor gives up the priority of compensation.We should take the abandonment of effectiveness as the principle,invalid as the exception,accurately grasp whether damage to the interests of construction workers this judgment standard.In addition,the exercise of the priority right of compensation of construction project price will inevitably affect the interests of the third party,and the implementation of the registration system of priority right of compensation of construction project price is of great significance in ensuring transaction security and reducing disputes.In addition,in order to alleviate the long-term lack of systematic theory and legislative support of the priority right system of construction project price,we should speed up the establishment of a unified priority system,so as to get rid of the current predicament.