Research On The Kind And Sequence Of Civil Priority Right In China

Civil priority right had originated from Roman law as an important part of civil law，aiming at protecting the weak and pursuing the substantial justice. As an old “privileged”system in the history of civil law, it reflects the legislative policy of a nation and shows theprinciples of law, such as equality, justice and uprightness. The economic development isdeeply affecting social life. The conflict of the interests and the agitating of the variedrights have broken the uniform order under the old economic system. Aggravation of thesubject interest conflict and disequilibrium of the interests demand requires mediation ofcertain legislative policy. It is a urgency that the right of existence of the weak in thesociety should be protected in advance. This is the problem that civil priority right systemshould solve.The research methods of this paper are comparative analysis, demonstration, historicalmethod. I expounded the basic theory of civil priority right, drew on the successfulexperience of the foreign stipulations, and propose the practicable legislative proposals onthe kind and sequence of civil priority right. This paper mainly includes six chapterscontent: The first chapter introduction part expounds the main research of the thesisresearch purpose, significance, the main contents and innovative points and foreignlegislation. The second chapter through the civil priority concept, nature and history relatedcontents of priority for civil were summarized; The third chapter presents the country civilpriority system legislation and existing problems at present; also, discusses the necessityfor improve the system. The fourth chapter, research on the foreign legislative of civilpriority right and analysis of foreign legislative enlightenment. The fifth chapter proposethe legislative suggestions of improving the system of civil priority. First discusses China’sCivil priority right system in line with the principle of equity in civil law and the principleof freedom of contract; Second, analysis the general idea of civil priority right; Then, putforward that the pieces of civil priority right should divided into priority basic civil law andparticularly civil law, and discusses the meaning and method of each priority basis; finally, give the order suggestions about the above civil priority right between the different types.The sixth chapter carried on the concise summary to civil priority system.