Research On The Sequence Of Civil Priority

The system of civil priority is one of the most important systems in the civil law,which is in order to protect the interests of weakness and to make the essentialjustice of the society to come true. As the core and the key in the system of civilpriority, the sequence of civil priority is in such an important position. This thesisresearches and combs systematically for the sequence of civil priority by usingcomparative method.Besides introduction, summarization and reference documentation, the body ofthis thesis is divided into four parts. From the first part, we can see it describes thebasic theory. The second part is the causes analysis for the sequence of civil priority.Next is comparative research for the civil priority in foreign countries. The last onemainly studies the related problems of civil priority in China.The First Chapter: This part mainly introduces the basic theory of civil priorityin order to lay the foundation for further elaborating the sequence of civil priority.These basic problems include three parts. First, it defines the concept of civil priority.In the following part, it digs into the nature of civil priority which chiefly explainsseveral theories about it. Last, it is the kinds of civil priority that basically states theclassifications in the civil priority theory.The Second Chapter: This part discusses conflicts among civil priority right, aswell as problems between civil priority and ordinary real rights of security. Then, itexpounds on four specific areas, including solutions among general priority right,among special priority right, between general and special priority right, as well asbetween general priority and common real rights for security.The Third Chapter: As for sequence system of civil priority in abroad, thispart will study comparatively. It divides into three small parts. The first one is tointroduce the general situation of setting up civil priority system in abroad. The nextone is to state the sequence of the Roman law from the following three sides, such aslegal provisions, causes of formation and influences. The last one is to comparativelyanalyze kinds and sequence of civil priority between French and Japan.The Fourth Chapter: In this part, it designs the system for sequence of civilpriority in our country in the future. This chapter includes three parts. First, this partdeclares that it is necessary to establish sequence by analyzing legislative situation ofcivil priority at present in China. Next, it sets up the stipulation for the principles ofsequence. Last, it determines the kinds of civil priority in our country and putsforward specific plans to solve sequence problems among them by referencing to theprovisions of the foreign legislation, as well as taking our country's basic conditioninto consideration.