Construction Of China's Priority System

The Priority refers that the creditors of special creditor's rights stipulated by law enjoy the first receives recompenses rights. It came into existence from the Roman law, and has been inherited and the developed later in France, Japan and etc.The value of Priority System value is to eradicate the creditor's rights equal principle in some domains, entrust certain special creditor's rights enjoy the first receiving recompenses rights, effectively maintain the weak groups' benefit and the public interests, and remedy the limitation for unilaterally pursuing equal opportunity and emphasizing economy growth.It manifests the national value judgments and the legislation policies, reflects modern economic laws' unremitting pursuing the idea of essential equality and justice.On the process of socialism markieting economy constructions, a batch of weak groups will be come into being for the intense market and social competition. Because of imperfect legal system, social insurance system, the protections to the weak groups are very insufficient. Their legitimate rights and interests couldn't be maintained efficiently, and their basic human rights couldn't be guaranteed sufficiently.Which is incongruous with the humanist science development view and requirements on constructing the socialism harmonious society, and violates the law's fundamental doctrine. The unified Priority system hasn't been established in our present law system. Some scattered regulations are unclear and weak. So, it is necessary to establish the unified Priority Right system to realize the legal functions well.Through the inspection on the Priority system, the article thoroughly discusses the necessity and feasibility of establishing the Priority Rights system, and proposes the legislation design on this foundation. Expecting to be a reference of constructing the Priority Right system is also the goal of the article. Except the foreword and epilogue, the article has three parts.The first part: analyzing the Priority system and inspect the general questions. The Priority is a disputed concept in our country, and it is not same in different countries as well, so it must be prescribed and recognized more clearly. This part mainly expatiates the Priority's conception, characteristics, classifies, efficacy and related conceptions, and investigates legislation cases in every country. Through the discussion, it will be formed the basic understanding of the Priority systemThe second part: the necessity and the feasibility of establishing the Priority system in our country. The Continental Laws has two kinds of modes, regulation and un-regulation. It is different in the countries that had been established the Priority system. The theory and practice are greatly different in the every country.It is an advisable choice to introduce the Priority system for its formidable legal function; effectively remedying the deficiency of present laws compared with the legation cases without the priority system and remediable limitation. At the same time, we already had the certain foundation on the legation and research of Priority Theory, which provided the realistic feasibility to introduce this system.The third part: the legislation design of the Priority system in our country. The Priority system hasn't established in our legislation system. This part proposes the particular suggestion on establishing the Priority system referencing the various practices and research.The Priority' rank, content, structure, categories in our country, obtain, objects, guarantee scope, preserves, elimination cases, ranks of different priorities, Competing with other guarantee real rights would be analyzed one by one.The Priority system in the special law is the very important content. But, this article mainly discusses the general priority and hasn't talk about the Priority in special law, and only briefly discusses the sequences of the priority in general meaning and revenue priority.In the methods of research, this article pays great attention to the integration of the theory and the practice, compared research and historical research, real diagnosis analysis and the standardized analysis. Law-society research method is adequately used in the article as well.Article's innovation: firstly, through integrating the present practice and using other's research results, the article deeply and comprehensively analyses the necessity and the feasibility for constructing the Priority system. Secondly, through drawing experience from results of practice and research, it puts forward some legislation suggestion on establishing the Priority system in our country.Article deficiency: limited by the author's knowledge and materials, the article doesn't give more analysis on the special priority and the relation between the special priority and general priority, which makes it insufficiently and through on the Priority system research. At same time, lacking of knowledge, the writer know the legislation designs of the Priority content Competing order are not well-rounded, which seems like talk about stratagems only on paper and waits for the practice examination.