Research on the Protection of Rights and Interests of Construction Project Contractors and Related Parties in China
According to Chinese laws and judicial practice,although rights holders can directly exercise their rights as per contrac-tual agreements or rely on statutory special protection mechanisms for rights remedies,many rights remedies fail to adequately protect the interests of related parties.To address these issues,China urgently needs to establish a"mechanic's lien"system to improve the protection of rights and interests of construction contractors and related parties.This system would allow participants who provide labor,materials,or services for construction projects to claim rights similar to liens on related real estate when they have not received compen-sation,thus ensuring they receive their due remuneration.In judicial practice,the scope of rights subjects should be appropriately ex-panded,the legal nature and priority of rights should be established,preliminary notice and rights registration procedures should be in-troduced,rights perfection and dynamic maintenance mechanisms should be implemented,and standardized operation and electronic management systems should be established to gradually improve a comprehensive and effective rights protection system.
construction project contractorrights protectionmechanic's lienpriority right for construction project payment
万方数据
