The Study On The Kinds And Sequence Of Chinese Civil Priority Right

The economic development is deeply affecting social life. The conflict of the interests and the agitating of the varied rights have broken the uniform order under the old economic system. The law cannot but responds this to some extent as the equalizer of the interests and incarnation of fair justice. The conflict of the rights should be arranged properly. Which right should be satisfied first, what is the reason? This is the problem that civil priority right system should solve.The civil priority right is an old but strange problem. Civil priority right had originated from Roman law as an important part of civil law, aiming at protecting the weak and pursuing the substantial justice. However, for a long time our civil law has treated the civil priority right with indifference and has not established the civil priority right system. As an old "privileged" system in the history of civil law, it reflects the legislative policy of a nation and shows the principles of law, such as equality, justice and uprightness. Some inevitably uncertain elements in our economic life, aggravation of the subject interest conflict and disequilibrium of the interests demand requires mediation of certain legislative policy. It is an urgency that the right of existence of the weak in the society should be protected in advance.At present our civil law has not established the general civil Priority right stipulations. Scholars have great dispute on the definition and nature of the civil priority right for they have not hold the civil priority right kinds in an all-round way. Most clauses concerning the civil priority right kinds sporadically appear in the special civil law, such as Maritime Law of the People's Republic of China Law of the People's Republic of China on Civil Aviation Insurance Law of the People's Republic of China and so on. The civil priority right sequence is another key issue in civil priority right system , because it is related to the issue, that is, how to realize the rights of the involving preferred creditors. There are only a few stipulations in Civil Procedure Law of the People's Republic of China Law of the People's Republic of China on enterprise bankruptcy(for trial implementation) and Maritime Law of the People's Republic of China. The advantage of such legislative mode lies in saving legislative resources, but the disadvantage is that there is not essential relationship between the different regulations, even conflicts between them. In all, this unavoidably causes many drawbacks such as loose system, uncompleted item, repeated stipulations and so on.Thus these bring all sorts of questions to judicial practice. However it is not the reason we should not study the civil priority right further for the purpose of theoretic research is not to provide the reasonable excuse for actuality, but to provide the motive force of ideas for perfecting the actuality, so it is important for us to changing such legislative condition to adapting the social and economic demands.For establishing unified civil priority right system, it is necessary to use the successful experience of western developed country for reference. France Civil Code of Continent law inherited Rome Law and developed it France Civil Code has specially made the ripe regulation of the civil priority right system in Chapter two Part eighteen. Based on the French regulations, Japanese Civil Code stipulated the civil priority right system in Chapter eight Part two.The kind and sequence of civil priority right are the key issues for establishing our civil priority right system. How to select the civil priority right kind and ascertain the sequence is the main concern of this thesis for the different answer to this question will directly affect the civil priority right system construction. For confirming the kinds of civil priority right, the primary problem is how to define the meaning of civil piiority right. The meaning of civil priority right is a quite disputed question. The author think we need to consider the following factors: Firstly, our prese...