On The Limited Protection Of The Priority Compensation Right Of The Actual Constructor

At present,China’s system for the protection of actual constructors is not perfect,the relevant provisions in the field of priority to be repaid also have limitations,and the judges’ understanding of relevant documents is also different,leading to the prominent phenomenon of different judgments in the same case,which has greatly damaged the authority of the law.Whether the actual constructor has the right to claim the priority of construction project is a long-term controversial issue in theory and practice.Although it is not a new legal issue,it is indeed an issue closely related to the people’s livelihood.It is urgent to explore the answer to the problem and apply it to legislative and judicial practice.The protection of actual constructors can neither be completely protected nor completely unprotected.It fully supports that the actual constructors enjoy the same priority of compensation as the contractors,which will give a wrong guidance to the actual constructors,and will also be detrimental to the improvement of the construction market atmosphere in the short term;The actual construction workers are closely related to the interests of migrant workers,and do not support the actual construction workers’ right to receive priority compensation.There is still great uncertainty about whether migrant workers can receive wages under the existing legal system,which will directly affect the harmony and stability of the people’s livelihood of the whole society.Therefore,the point of view of this paper is that the best way is for the actual constructor to obtain limited protection in terms of the priority to be compensated,that is,the actual constructor can obtain the priority to be compensated for the construction project price limited to the wages of migrant workers.The law should clearly give limited protection to the actual constructor’s priority to be compensated.Its limitation is that the procedures and conditions for realizing the priority to be compensated should be stricter than those of the contractor,and the scope of the project funds that can be compensated preferentially is limited to the wages of migrant workers.