On The System Of Priority

The priority system originated from the Roman Law, and was legislated in the civil code of many modern states, the most typical of which can be found in the law of Japan and France. The priority system is created to break through the principle that All Debts Should Be Equal, at the same time to give some special creditors the right to be paid first. The establishment of this system can help efficiently carry out the state policy and safeguard the common interests of all creditors. It is also favorable to the realization of fair and justice.Since it is an issue of controversy about whether to set up the system of priority in nowadays China, it is of great theoretical and practical importance to have a thorough study on it. The paper firstly traces the development of this system; secondly makes comparisons between relative legislations in Japan and France; On this basis, thirdly analyzes the necessity and feasibility of setting up this system in our country; finally puts forwards some advices accordingly.