On The Redemption Priority Of The Construction Project

In recent years ,with the rapid economic development, China's vigorous real estate industry, real estate development in the expanding scale. As the real estate capital turnover cycle is too long, many developers lack of capital, and the developer defaulted contractor construction project loan situation is getting worse. For this purpose of resolving the issue of falling behind with the project price,it is prescribed in article 286 of the Contract Law of the people's Republic of China that contractor have priority compensation of the construction project.This institution is of great signficance to the interests of contractor.In june 2002,the Supreme People's Court had also gave specific judieial interpretation on the applieation of the Article286. .However,for various of reasons,the Article 286 and the"approved"had not become sharp tools to solute the problem of arrears,instead of had aroused a new round of academic debate on it.This article first construction loan preference of the basic issues, legal and institutional structures to explore definition, combined with an analysis of specific cases, and the author further proposed construction loan preference comprehensive insights to solve the similar period of cases provide useful help and perfection of the legislation for the future provide a valuable reference.This article is divided into six parts, the first major construction project loan preference describes the basic problem right; the second part of the priority for the construction of the scope of project funds were discussed; the third part discusses the composition of Construction Project Priority elements, the exercise period and implementation methods; fourth part discusses the construction of models of conflict with other rights of priority and balance; fifth part surrounding the specific case of legal practice in the priority of different understanding of project funds, and the author of the view related case; VI on how to improve the priority system for projects proposed by the author their own.