The Nature And Legislative Orientation Of Privilege

Before the establishment of Chinese real property law,Chinese scholars had a heated argument about privilege. Finally the privilege didn’t get into the real property law, because of the ambiguousness of its nature.This article will first focus on the definition of privilege. After the analysis about its different concepts and history of development, we will clarify the definition of it. The privilege what we need is actually the general privilege which exists in French Civil code.Furthermore, we put forward that privilege is an independent, substantial right of relief, which is different from real right and creditor’s right. Privilege is a right of formation.The last step is to find a place in the civil code for privilege. According to its nature, it shouldn’t be put into either real property’s or debt’s section. We deemed that privilege should be stipulated in the general provisions in civil code. It should be put into the section of “protection of rights”. At last we gave a feasible blue print for privilege’s legislation.