Research On China's Reimbursement Priority Of Construction Works Payment

The Reimbursement priority of construction works payment has been regarded as one of the important solutions for the long-standing ills in construction field in China,such as arrears of wages and project funds.Since its naissance,however,there have been various disputes over its applicability,including the nature of the reimbursement priority of construction works payment,the exercising body,object and the scope of reimbursement priority.The research in this paper focuses on the nature and exercising of the reimbursement priority of construction works payment,especially the reimbursement priority of the actual constructors and the assignment of the reimbursement priority of construction works payment.The conclusions are that the actual constructors should have the right to reimbursement priority and the reimbursement priority of construction works payment can be assigned.This paper also analyzes the conditions and modes of the assignment of the reimbursement priority of construction works payment.The first chapter mainly introduces the nature of the reimbursement priority of construction works payment,including introduction to the origin of priority system,which is the basis of the reimbursement priority of construction works payment,and the regulations on priority in France,Germany,Japan and Taiwan,as well as the priority systems in ancient and modem China.The author also enumerates three different theories on the nature of the reimbursement priority of construction works payment and believes that the reimbursement priority of construction works payment is a legal priority.The second chapter mainly discusses the subject,object and scope of the reimbursement priority of construction works payment.The author holds that the actual constructors should have the right to reimbursement priority and studies the term,mode and assignment of the reimbursement priority of construction works payment and its conflict with other rights and abdication.In particular,the author goes deep into the possibility and mode of the assignment of reimbursement right of construction works payment.The author believes that the reimbursement right of construction works payment can be assigned,but not alone.It should be assigned together with the obligatory right of construction works payment and the party issuing contract should be informed of the assignment.The assignment can be made in the forms of negotiated assignment,change of execution applicant and pledge of project receivables.The third chapter proposes suggestions for improvement the reimbursement priority of construction works payment in China.The first is to set up priority system in the Civil Code of China and put the reimbursement priority of construction works payment in the chapter of priority;the second is to allow and encourage the reimbursement priority of construction works payment for actual constructors and the assignment of the reimbursement priority of construction works payment through improving and introducing judicial interpretations as soon as possible,so as to better achieve the goal of setting up the reimbursement priority of construction works payment and better guarantee the realization of obligatory right of projects and realize the survival rights of construction personnel.