Research On Legal Issues Concerning Priority Of Compensation For Construction Projects

With the acceleration of urbanization in China,the number and scale of construction projects are increasing year by year.Due to the insufficient economic strength of some construction units and construction units,the capital chain is broken after blind expansion,which leads to the project shutdown and ruin.The problems of construction project arrears and peasant workers' wage arrears are becoming more and more serious.In order to solve this problem,Article 286 of the Contract Law of our country clearly stipulates this problem and clarifies the priority right of peasant workers to be compensated.However,there are still some problems in the implementation of the legal provisions,such as the ambiguity of the subject scope and so on.The Supreme Law further refines and stipulates them in the form of approval.In the specific implementation process,due to the complexity of the construction project itself,there are still many problems in the implementation process.Especially,there are still some understandings about the legal attributes of the priority right to compensation of construction projects,the subject,object,scope of application,conditions of application,scope of priority right to compensation,procedure of realization of priority right to compensation,conflict between priority right and related rights,and theoretical issues such as the exercise period and establishment time of priority right to compensation of construction projects.The disputes have brought more difficulties to the application of judicial practice.Therefore,this paper discusses and analyses the relevant issues in the Contract Law.The whole paper focuses on Article 286 of the Contract Law,the Supreme People's Court's Approval on Priority of Compensation for Construction Project Prices(hereinafter referred to as“Approval”),and the Supreme People's Court's Interpretation on the Application of Law in the Trial of Construction Contract Disputes(2)(hereinafter referred to as“Interpretation(2)”to the construction project.The nature,subject,object and scope of the priority right of compensation stipulated in the article are analyzed,and the concrete countermeasures for the conflict and solution of the right are discussed.The specific problems of priority authorization of construction projects are analyzed,and the reference basis for judicial practice is provided.At the same time,this paper explores the problems existing in the existing legal provisions of our country,and provides a reference basis for the improvement and optimization of our legal system.The contents of each chapter are arranged as follows:Chapter one analyses the legal provisions of priority of compensation in construction projects,and clarifies the concept,characteristics and types of priority of compensation.At the same time,this paper analyses the Beijing and significance of priority compensation,and gives the concrete situation of priority compensation implementation in current construction projects in China.Chapter 2 analyses the theory and nature of priority of compensation applied in construction projects,and points out that the right of compensation belongs to one kind of priority.It does not take possession or registration as an essential condition and does not need to publicize the real right of security.Chapter three analyses the priority compensation system used in current construction projects in our country,and draws the problems existing in its implementation process,which are analyzed from the nature,the scope of the main body of the right of compensation,the scope of the subject matter and the conflict resolution mechanism.Chapter IV analyses the typical foreign priority system,such as France,Japan,Switzerland,Germany and the United States,and explores the nature of the system,the scope of the main body and the conflict resolution mechanism,so as to provide reference for the optimization and improvement of the priority system in the follow-up construction projects in China.The fifth chapter puts forward relevant countermeasures and suggestions to improve the system of priority of compensation in construction projects in China,which can provide reference for the optimization of China's legal system.In conclusion,the work done in this paper is summarized.