Priority System Research

Since the end of 19 century, the latter-day civil law carried out the change of modem civil law. The important embodiment in the theory of civil law is that it changed from the modal justice to the essential justice and from the abstract personality to the material personality. Based on the background, the theory of priority came to prosperity. The priority, in other words called "preempt privilege", is that the specifically creditor based on the direct provision of law takes the assure right of preferential repay which based on the value of debtor' overall property or specifically chattel or estate. The priority, based on the interest balance and social commonweal and social policy, endows with the "privilege" of preferential repay to the creditor, and for this that explodes the equally status of creditor and gives the more powerful protection for some special credit.The priority plays a very important function in the protection of human rights, in the interest protection of weaker, and the realization of common interest and so on. In some countries of un- prescribed priority theory, there are also some other systems to fill in the corresponding function of priority. In other words, the function of priority exists in any country which only have different being forms. With the foundation and perfect of our market economic, the function of priority become more and more might. So we should give the answer that how to realize the function of priority and what system and method that we should take. Based on the above analysis, we should take in-depth study on the system of priority.In the paper, it is divided into five chapters:ChapterⅠ: The summariz fion of priority. In this chapter, it introduces the notion, the characteristic, the history evolvement and the kinds of priority.ChapterⅡ: The quality and efficiency of priority. The priority, not one peculiar efficiency of special credit, not the discharge sequence of special credit, and yet not one kind of proceeding right, is one absolute hypostafic right and one statutory assure property right. The priority has the generic attribute of assure right of thing such as the character of property right, the character of value right and the character of assure. The content of priority efficiency includes the efficiency of seeking-repay, the efficiency of subrogation, and the efficiency of trace.ChapterⅢ: The legislation forms of priority system. The priority system comes of Roman law. With the times on, the priority system forms the mode of France and mode of Germany in the process of inherit of priority.ChapterⅣ: The necessity of constituting the priority system. The priority system under the mode of France has some functions such as the protection of human right, the realization of equity and the protection of social asthmatic colony.ChapterⅤ: The legislation suggestions of constituting our priority system. If want to constitute of our priority system, we should firstly dear some academic obstacles such as the conflict and harmony between the mystery of priority and the expression principle of property right, the conflict and harmony between the priority and other assure priority right. Though the above analysis and research, the writer layouts our future system of assure property fight which should include hypothec, lien and so on. In this paper, the writer also boldly brings forward the material legislation frame of priority system.