Equality Of Creditor’s Rights And The Breakthrough Of Equally Repaying Creditor

There exists four rules from the judicial interpretation of the supreme people’scourt, that breaks equality of creditor’s rights， that appearance causes controversy inscholars of theoretical. It needs to solve, that the definition of equality of creditor’srights, the sources of equality of creditor’s rights, whether it exists exception ofequally repaying creditor or not, the sources of exception of equally repaying creditor,and whether the four rules from the judicial interpretation of the supreme people’scourt advisable or not.Creditor’s rights are equally, if several creditors have debts on the same debtor,the efficacy of these creditor’s rights are equally.The equality of creditor’s rights provides a circumstance that creditors can have afree competition for their performance of the debt, this is need for protecting thetransaction security, maintaining dynamic property relationship, and establishing agood social and economic order. But it ignores the factors of the social law and thecharacteristics of trading, then cause the situation that exists essence of inequality ofthe result of the deal. Therefore, it needs intervention of legal system, to give thepreferred payment’s rights to some creditors, and to change the results of unfair. Thebasis of preferred payment’s right can be mortgage, pledge, lien, and priority. Therecan’t be priority effect of creditor’s rights. Hence, the preferred payment’s right ofcreditor’s rights does not break the equality of creditor’s rights, it just break the equality for equally repaying creditor.This article includes three parts, the first part expounds the equality of creditor’srights, incorporates the rule, function, and abuse of the equality of creditor’s rights,and the effect from the priority effect of the real right. The second part and the thirdpart of this article represents the broken mode of the equality for equally repayingcreditor, including the broken mode bases on the effectiveness of the real right, andthe broken mode bases on factors of social law and factors of national interest.The innovation of this article is that, expounding the equality of creditor’s rightsin detail, and representing the broken mode and the sources of the equality for equallyrepaying creditor.