On Civil Priority

The priority right is an old but strange problem. It had originated and performed from Roam Law, it is still used even today. However, for a long time our civil law not only treats the priority right with indifference but also doesn't establish the priority right system. But which should not be the reason that we should not do further research on it. Because the purpose of theoretic research is not to provide the reasonable excuse for actuality, but to provide the motive force of ideas for perfecting the actuality. Along with the development of guarantee system, the traditional guarantee system has appeared a few disadvantages, and it can't protect special right completely. With the perfect of our Real Law system, it is necessary to research the priority right. The article tries to study on the basic theory of the priority right, trace to its source, and probe into social function of priority right and rendered a service. The law is applicable to practice the theoretical foundation and law which perfect priority right has very important meanings. The article is totally divided into four parts.The first part is the theoretical foundation of priority right.Now it has four theories about the concept of priority right. The author analyzed the four theories, and conducted the precise definition. It is liable to confuse the priority right and the similar concept. The article contrasts the priority right with the priority repay right, the priority right with mortgage right, the priority with jusretentionis. There are two theories on the nature of priority right. They are the real right theory and the obligatory right theory. The article is for the real right theory. It thinks that the priority right has the nature of pledge real right. It is a part of pledge real right. The article lists all sorts of priority rights, and references other nations' legislation. Combine the reality of our nation, it can sort the priority right of special obligatory, the priority right of real, and the special priority right.The second part is the legislation basic and worthy analysis of priorityright. From the angle of the theory of law and the theory of society, the article details the society relatives perfected by the priority right. It basis on the circumstances of society economy, the nation's and public advantages, the society policies and morality requirements and so on. It provides a solid foundation to establish the system of priority right.The third part is the sequence and validity of the priority right. The effective of priority right is a complicated problem, different priority right of same targets, it renders a service and also distinguishes to some extent, the article bases on comparative law and law explains research approach that study, assign to priority right. It probes the validity between the priority right, the priority right and other the real rights of pledge, the priority right and require with the best intentions. How to use the right, and which right is prior to other rights, all above are probed in the article.The fourth part is the legislation tentative plan of priority right in our country. It is necessary to establish the system of priority right for our country. The article researches on comparative law. The legislation in all over the world nations and the original of priority right has important reference meanings for our legislation. The author thought the priority right should stipulate in the part of the real right of pledge in The Real Law. It provides full reason for the legislation in the article.