The Comparative Study On Priority

The privilege system was evolved from the Roman Law. It is still full of ontroversy though it has been gone through thousand of years. At present there are two factions about the definition, nature, choice and specific legislation of privilege. They are the French mode and German mode. China's Market economy is now developing at a high speed. The legislation of real right is under developing. The priority of privilege system becomes the focus of real right legislation. The author uses the comparative study approach, studying the relevant theories and regulations in the other countries. The first part of this paper explores the definition, evolvements, nature, value and function of the privilege right. The second part compares China's relevant regulation with the western countries, offering reference to the priority of China's privilege system. The third part puts forward the idea of category integration by comparing with the categories of privilege system in western countries. The fourth part studies the regulation of the coincidence effect of privilege right of western countries, and further analyses its rationality. The author also puts forward some commands on solving the problem of coincidence effect of privilege right in China. The fifth part analyses the short comings of the privilege right legislation in China, and studies the advanced legislation skill of the western countries. The author regards the Suggestion to the Bill of Real Right Law on privilege system from Professor Wang Liming as a blueprint, gives some evaluation and revising commands.