General Principles And China's Choice Of Priority System

Civil priority is an old system in civil law, which can be traced in Roman law. Although equal legal status and civil rights of civil subject has become the fundamental principle of modern civil law since modern times, civil priority has been stipulated again in French and Japanese civil code with even wider scope of invalidity. It is because the modern civil law pay more attention to essential equality.There are different definitions of Civil priority which is always misused in practice. The definition of Civil priority in this paper means the right that special creditor owns which has priority efficacity according to law, it's a kind of security interest. We must make it clear that it's a kind of security interest and being provided by law directly is its special character.There are five chapters. Chapter one introduce the basic principles in Civil priority system which contains its concept characteristic and categories. It give prominence to the characteristic of Civil priority, and make it easy for further discuss.Chapter two focus on the the system value of Civil priority and substitute systems. Civil priority has its own value that protect specific creditors, fits the requirement of equality and some value conception, and protect common interest. Lien gradation discharge system and legal hypothec pay the role of Civil priority system in a certain extent. But Civil priority system is better than substitute systems in systematism and also provides effective protection.Chapter three introduces the legal practices of countries and the actuality of our country. There are mainly two legislation mode called French mode and German mode in which French mode adopts Civil priority system absolutely otherwise not in German mode. There is no specific Civil priority system in our country but there are regulations of Civil priority in many statutes. So this situation causes the problem of confusion and weak protection.Based on the specific vale of Civil priority and the actuality of our country, it's important for us to adopt Civil priority system. But some difficulties must be settled and Chapter four tries to settle these difficulties. In the author's opinion register and occupancy must have the efficacity of counterwork against the third party. The sorts and efficacity of Civil priority must be based on the actuality of our country.After settling the difficulties Chapter five author analyses the reasons of both agreeing and opposing Civil priority. At last author made some suggestions of Civil priority for the Real Code of our country.