Legel Issues Of Project Contractor's Preferential Right To Indemnification

In recent years, China's real estate boom, has become a pillar industry of China's national economy, and made a great contribution to promote economic growth, boost domestic demand, stimulate consumption. But behind the brilliant also spawned a lot of problems, employer owed the contractor the construction price is an important issue. In the larger environment of Chinese construction market, developers in a strong position relative, while the contractor is in a weak position. Many construction contractors in order to get the project right at loaning construction, because they believe that they can get the loaning money back and get other project funds after settlement.Then, the reality is often not satisfactory, the reality is that the Employer is not more time to pay for projects, outstanding payments, or even refuse to pay for projects. When the contractor can not get for projects will be owed a large number of migrant workers, a large number of materials suppliers money, which caused a lot of social conflicts, the formation of a number of social instability.Given such a social status, Article286of contract law, provides for the construction price priority claim, provided the contractor in the contracting case of outstanding payments, can enjoy the construction price of the priority claim. The legislative intent of Article286is very clear, is to curb the phenomenon of outstanding payments, reduce social conflicts, maintain social stability. But this article did not show the nature of priority, so interoperability is not strong, resulting in real life rarely Press Law of the contractor to protect their interests. So the Supreme Court specifically approved the issue and make further clarify related issues, but still with little success.Therefore, I believe that the construction price of a priority claim for a detailed study of great practical significance. This paper is divided into six parts of the construction price priority claim for a comprehensive resolution of:First, the background on the subject and Analysis; Second, from a historical point of view to explore the origin of the priority system, including the Roman law and China's history and analysis of China's priority claim to the construction price of the legislative background and overview; Third, analysis of China's scholars on the construction price of a priority claim to the nature of the dispute, and studied the style of other national legislation, to arrive at the construction price priority claim for the priority of the conclusions; Fourth, the analytical composition of the construction price elements, respectively, from the subject, object, time to be elaborated on the issue; Fifth, from the perspective of reality, the construction price to extract a priority claim in real life, the main problems encountered; Sixth, the issue of starting the construction price of a priority claim to put forward a advice.