Study On The Difficult Theoretical Problems Of Civil Priority

In the ancient Roman Law, the provisions about civil priority was in bud, it has further improved in the Civil Code of modern France and Japan, and then turned into an independent mature priority system. This system is set up to get rid of the equality of claims in claims' theory .The equality was when several general claims occurred in same Debt, for the same debtor, the effects of Several creditors are equal. It doesn't have any priority because of established order. The priority system gives special privileges to special creditors, to achieve the purpose of protecting special claims. This system plays an important positive role in a social life including the special protection given to the weak; the protection of human rights, social justice and meeting the interests of the public .In the process of writing this paper, the Property Rights Law was formulating and was published. It made the civil priority-the territory difficult to reclaim- was discussed as a hot topic once again. And next scholars in academics triggered heated discussions and even some controversy.The discussions of these controversies focused on several issues: the definition of the priority's nature, the order of the priority conflicted in the process of exercising, the legislative decisions and the pattern selection in legislation.In this paper, the author posed up the opinion of priority's definition based on clarification of the historical context priority concerned, and introduce the root of the concept of priority analysis, and discussed the legislative value of this priority system. This paper conducted in-depth and meticulous research of theoretical studies on three difficult problems of civil priority issues by focusing on these "points" research.At the end of this article, the author put forward its own vision of the civil priority system in legislation practice, hoped that it would have some good effect on the priority system of legislative practice in the future Civil Code.This paper is divided into six chapters : Chapter I: introduction of the civil priority; Chapters II: the priority value analysis; Chapter III:one plight of the civil priority' s theoretical research : the problem for defining the nature ; Chapter IV: Plight 2 : the order of the priority conflicted; Chapter V : Plight 3 : The legislative decisions and the pattern selection in Legislation. Chapter VI: vision of the civil priority system in legislation practice .This text is about 35,000 characters .In this paper, the first chapter is an overview of civil priority system. Including priority on the historical context, disputes on the meaning of priority and classification of priority.Chapter II also expounded on the basic theory of civil priority system, the value of priority system analyzed in this chapter.Chapter III, Chapter IV, Chapter V is the focus section of this paper. It is conducted in-depth and meticulous research of theoretical studies on three difficult problems of civil priority issues in these three chapters.Among them, the third chapter is divided into three levels of priority issues to define the nature of the discussion. The conclusion drawn that priority is an independent, substantive, statutory guarantee property rightsChapter IV analyzes the order of the priority conflicted in the process of exercising rights. According to the classification of priority ' s internal and external relations ,this chapter studied on the sequence between the Internal relations of priorities and the external relations between the priority and other rights, when conflict occurred. it was specifically described that the conflict between the priority and other rights on priority theories --the restrictions of priority was an important problem.Chapter V will address plight of the third in civil priority theoretical research. That is, the Legislative decisions and the pattern selection in legislation. The author firstly introduced the controversy on these two points. And then put forward my own views on the dispute.Chapter VI, "the legislation of civil priority" is the continuation of Chapter V, also the concluding chapter. In this chapter, the author analysis legislative decree of the priority system establishment. How to build on our priority system comprising pattern and specific legislative proposals were discussed in this chapter as well.