Priority System Research

The article sums up the characteristics of Priority on the basis of comparing different stipulations on Priority in several Roman Law countries. Based on this summing-up, the author comes up with the viewpoint that Priority is a legislative choice of which creditor's right should get reimbursed first after considering quality and essence of different payment request. General Priority and Specific Priority are awarded under different legislative consideration, the former is to provide a direct protection while the latter emphasizes some specific relieves.Priority is always mixed up with security interests and translated through the latter's pattern of effectiveness. Priority is in fact a special characteristic of some creditor's right that is capable of being paid preferentially, and it is a direct intervention by the government on civil rights system. So the independence of Priority should be taken into account legislatively and, while considering it's essence, put beyond the civil rights system consisting only of real rights and creditor' rights.The several Liens stipulated in China's civil law system are essentially Specific Priorities. While these Liens share the same name as in Japan's civil law, they are of different essences. This should concern legislators while they are establishing China's Real Law. The author then gives some advices on how to structure China's Priority system.