On The Priority Of Compensation Rights In Construction Engineering Contracts

With the rapid development of urbanization in our country,the development of construction engineering and its related real estate industry is more rapid.Whether in quantity or scale,its growth rate and speed are among the best in all walks of life.Rapid development,in addition to bringing economic growth,a variety of problems also follow.The first problem is the payment of project price between the employer and the contractor.If the employer defaults on the project price,the contractor will not be able to pay the migrant workers' wages on time,which will lead to a series of serious social problems.In order to protect the legitimate rights and interests of the contractors,especially the migrant workers who participate in the project construction,China first stipulated the system of construction project and priority compensation right in Article 286 of the contract law.In order to deal with various problems emerging in practice,the supreme law further stipulated the right in the form of official reply in 2002.Later,the Department issued several times for such problems Law interpretation and guidance cases.In 2019,the Supreme People's Court promulgated the interpretation of the Supreme People's Court on the applicable legal issues in the trial of construction contract disputes(II),once again pushing the issue to the public's vision.This paper takes the priority of compensation of construction project contract stipulated in Article 286 of the contract law,the reply of the Supreme People's Court on the priority of compensation of construction project price and the interpretation of the Supreme People's Court on the applicable legal issues in the trial of disputes over construction contract(2)as the research object,and combines with typical cases to study the priority of compensation of construction project contract This paper analyzes the problems of quality,subject,scope of rights and time limit of exercise.The whole paper can be divided into three parts:The first part: expounds the origin of the priority of compensation right in construction project contract.Through the introduction of the emergence of the system,combined with typical cases,put forward the problems encountered in the exercise of the system.The second part: analyzes the problems existing in the exercise of the priority of compensation right of construction project contract.This paper expounds the nature of the system,the scope of power subject,the scope of power exercise,the period of power exercise and so on.The third part: put forward suggestions to improve the priority of compensation right of construction project contract.The main suggestions are as follows: 1.To clarify the nature of the priority of compensation in the construction project contract;2.To clarify the main scope of the priority of compensation in the construction project contract;3.To clarify the subject scope of the priority of compensation in the construction project contract;4.To refine the exercise period of the priority of compensation in the construction project contract.