Concerning The Construction Of Our Country Civil Priority System

Priority System gets rid of the principle of equality,given the priority rights for repayment of certain special claims,not only reflecting the state's legislative policy and safeguarding the public interest and the common interests of the creditors,but also embodies the law of substantive equality,and the relentless pursuit of justice concept. There is no uniform legal provisions of the Priority System, sporadically distributed in the special law and civil priority,resulting in a number of special claims are not properly protected.Due to this phenomenon of our country did not establish a unity civil priority system ,and the basic problems such as concept and nature are not conclusive, many scholars have argued for their own, causing chaos theory, scattered legislation .In view of this, the paper first clarifies some basic civil right of priority issues and then thinking of the civil construction priority system in order to resolve social conflicts and maintain rights and interests of the weak, reflecting the substantive equality. This article is divided into two parts:The first part is about the theoretical basis of priority analysis and legislative study.The meaning of priority, scholars say there is no uniform, there are four main representative point of view, the author analyzies the advantages and disadvantages of these four perspectives, and then explain the support for the view. For characterization of priority, the academics are also considerable someone holds property, said that the priority is a civil law such as the right of a security interest and mortgage security interest in parallel, the main reason is that priority is an independent real rights by law ,according to the law,the priority has the effectiveness of all against other creditors,and have right to receive repayment,which matches the basic attribute of property. Others support the claims , think that the law gives priority to certain special priority for repayment of debt, and its essence is to get rid of debt principle of equality, to achieve the special protection of the special purpose of the creditors, but to give special priority for repayment of creditors Rights, but is the result of the implementation of social policies, does not change the nature of their claims。This paper adopted the property .Investigation part of the legislative model, the use of comparative analysis, discusses the current priority of the security interest of the recognized national presence legislative system, France, Japan, Italy considers as a priority security interest and mortgage to the priority Rights provisions together, constitute a system of security interest,And Taiwan region model, by analyzing their advantages and disadvantages, to make reference for the choice of mode of legislation .The second part is that our country should establish priority system. First, analyzing the present situation of China's legislature, and then discussing the priority of a legislative and social values, demonstrating the necessity of establishing the priority system,Then the property will be positioned as a priority in the draw, France, Japan and other successful experiences, proposed the introduction of the Civil Code in the future development of the concept of priority system, and make specific design.