Legislative Consideration On Establishing Chinese Privilege Mechanism

This thesis "Legislative Consideration on Establishing Chinese Privilege Mechanism", is divided into three parts, introduction, four chapters of straight matter and epilogue.The meaning of theory and practice for studying on the issues is mainly clarified in thesis's introduction. Privilege is a traditional real right for security, many countries have set the legal mechanism of privilege, but the study on privilege in china is still inadequate, much disputation was around on the question that whether we should establish the privilege mechanism. Therefore, the studies in this field have significant meaning in theory and practice.The thesis begins with some basics of privilege in chapter one. Under the circumstances of reviewing definition of privilege, I put forward the definition of privilege from the point of view of legal law real right for security, analyze the foundation of privilege mechanism and legislation, explore some issues of legal property of privilege with great disputation and review the privilege origin and its evolution in overseas legal mechanism.In chapter two, referring to other countries' related legislation and theories, the thesis takes thoroughly compared study in the privilege's category and items, the limitation of privilege, the order of privilege and the concurrence between privilege and other real right for security.Chapter three focus on the compare and comment of varieties of theories of privilege mechanism which include the character of common privilege, the relation between privilege in public law and private law protection, the legislation choice between privilege mechanism and legal mortgage mechanism.Based on commenting our country's privilege status quo, the last chapter reviews the privilege status quo and then analyzes the possibility and necessity of establishing privilege mechanism. According to the present needs and the situation of our country and related rules of civil law of France and Japan, some suggestions on establishing privilege mechanism for real law are also put forward for taking precautions.