Research Onapplication Of Construction Project Priority Laws

In the field of engineering construction in our country, it is a general phenomenon that project funds are in arrears, and the momentum of project fund unpaid is growing on and on. To solve this problem, article 286 of our country's"contract law"has stipulated the protection of contractor's preferential right to indemnification. This is significant in correcting the out-of-balance place between the party issuing contractor and the contractor, and also in perfecting the relevant legal system. But due to the ambiguity of the legal legislation, there are many unresolved problems not only in the understanding but also in the execution of the right to indemnification, it did not pay the role. Then in 2002 and 2004, The Supreme People's Court makes concrete judicial explanation for the aiming of 286th in contract law. It is the judicial practice of great guiding significance, But there are arguments which not be cleared in judicial practice and these arguments afford many problems in theory and practice.This article based on the legislative background of the priority of claim in construction projects, analyze many problems in theory and practice about The priority of claim in construction projects, exerting case study method and comparative study method according to the law of china and other countries. This thesis includes four parts chiefly.The first part (first chapter and second chapter): The penman exhaust the importance and necessity of establishing the priority of claim in construction projects in our country, based on the legislative background of the priority of claim in construction projects, combining the juristically dilemma in practice and the legislative present condition in this section.The second part (third chapter and forth chapter): It is a part of the ontology of this article. Competes according to the right set up - the realization of rights - the rights of the conflict in a logical order, the union legal principle theory of law and the present legislation and the judicial interpretation, resolved the construction projects cost first to receive recompenses the power the tenable time, the right main body, the object, the exercise of the right conditions for repayment of scope, implementation approach and the right to conflict resolution and so on many concrete questions has pointed has carried on the analysis, so as to facilitate construction of a priority claim to the judicial system can be practice can be applied to achieve its institutional function play a relevant role in promoting.The third part (five chapter): In the first two parts of elaboration foundation, how closely revolve fully to display the legal standard to social economy life control action this proposition, take the present legal rule as the foundation, first receives through the domestic and foreign different method territories related construction projects cost recompenses the power the legislation to compare and to unify our country the actual situation, put forward the author on the construction of a priority claim to improve the system of some suggestions.