Study On Executing The Reimbursement Priority Of Construction Works Payment

The reimbursement priority of construction works payment is a crucial regime among the system of laws and regulations of the construction works.The establishment of this regime is to protect the real funds invested as well as the labors in the works.Only when the reimbursement priority of construction works payment is conducted efficiently,can the constructors' rights and interests be well protected under current legal system in China.However,there are still many problems and disputes on this right,including but not limited to the executor,the scope and the time limit of executing,which leads not only the blur and obstacles of executing this right for those constructors but also the various understandings of the laws as well as regulations of the reimbursement priority of construction works payment among practitioners in legislation.In this article,the reimbursement priority of construction works payment is the research object and the author will mainly analyze the problems on executing this right based on the current laws and cases.The author will also try to come up with several suggestions.Besides the abstract,there are four parties in this article.The first part is the analysis of the legislation sources and the features of the reimbursement priority of construction works payment.It is the various understandings of the theoretical foundation as well as the features of the right that lead to the disputes on the reimbursement priority of construction works.According to the author,the theoretical foundations of the reimbursement priority of construction works payment shall be the new-added value theory,the fairness theory as well as the joined ownership theory.The aim of establishing the reimbursement priority of construction works payment is to protect the rights of the constructors,which shall be defined as sort of mortgage.On the base of this opinion,the author will further analyze the executor,the scope and the time limit of executing and come up with some practical resolutions.The second part is the discussion of current laws and regulations of the reimbursement priority of construction works payment and try to find out the problems existing under current legal systems.The third part is to discuss the problems and disputes rising from executing the reimbursement priority of construction works payment at present days.The author will combine the theories with the decedents and try to raise his own opinions towards those disputes.The last part shall be some practical suggestions towards the problems and disputes analyzed in the above parts.The author will base on the legal systems as well as some typical decedents and then try to put up some suggestions for those constructors.