On Civil Priority

The priority right is legal right for special creditor, and is the preferred security interest of creditor's total property and specifically properties. The priority right system is different between different countries in the civil law since Rome age, the representative countries are France and Japan. Chinese civil general law did not set up the uniform priority right system yet, there are scattered items in two special laws only, which would make against the protection to special creditor's rights.The priority right system has following main contents, as category, order, efficacy and others. According to the efficacy and debtor's property scope, there are general priority right and special priority right.The legislation base of priority right is that the requirement of protect human rights, maintain social public benefits and creditor's benefits, maintain the dealing security order and boost the development of special career. China also has these social requirements. There are just little trammel to priority right system in Chinese current law system, therefore the legislation cost is lower.In the future, when set up the uniform priority right system, Chinese government should keep down the lien right, and structured Chinese security interest system by hypothec, pawn right, lien right and priority, also should consult the preferential privilege system of the Japan civil law code in legislation cases and legislation arts.