Research On Priority

The legal system of priority started from Roman law. There didn't exist definite regulations of priority in Roman law, but in which there existed some germination of the concept of priority. Priority had been definitely regulated in positive law until it was stipulated in§18 Article 3 of French Code 1804. Priority has its own advantages on the protection of special creditor and human rights. It indicates the standard of value conception and national legislative policy, even the pursuit of fairness and justice. The countries of common law system and Germany, Switzerland from continental law system have not established a uniform system of priority, but they have the alternative system which functions as the priority system. The law of property of China abandons the priority, therefore, there doesn't exist the priority system or alternative system in China. Hence, it is necessary to do some research on the priority system.This article aims to give some legislative suggestions on priority with the means of historically analytical method and comparative method. This article is divided into five parts. The first part is focused on the general introduction of definition and history of priority. In the second part, the article did a feasibility analysis of the necessaries of regulation of priority. The third part is mainly about the comparative research of priority and the fourth is about the conclusive analysis of the existing priority in Chinese legislation. And the last part is about the choice of legislative mode of priority in China and the advice on the improvement of priority system.