On The Priority Of Compensation For The Preservation Of Property

The priority right of property preservation is to protect the property rights of the property rights, which is an important creditor protection system. By breaking down the principle of equality of rights and giving priority to other creditors, the purpose is to maintain social fairness and justice and achieve substantive equality. At present, the civil law of many countries in the world has stipulated the system of priority of compensation for property rights. However, there is no clear legal system in our country. The purpose of this system is to realize the coordination and unification of legal system and promote the healthy and orderly development of society.Although the law of our country has clearly defined the system of property preservation, it is not clear that the priority of the property rights system, which is caused by the maintenance of property in the practice of the priority of compensation, the operation is not a. The concrete operation includes three cases:the applicant of the preservation of property has the priority of the priority, the priority of the priority of compensation, and the priority of the attached conditions. The confusion in the judicial practice, mainly because of the law and the judicial interpretation, and the lack of clear provisions, as well as some of the provisions of the few provisions of the ambiguous, and the reason is that the implementation of the actual operation of the judge. The chaos of judicial practice not only damage the property rights of the applicant's substantive equality rights but also seriously damage the credibility of the judiciary and the seriousness of the judiciary.In view of the lack of the legal system of the priority of compensation for the preservation of property rights in China, we should make a complete legislation. Firstly, we should make clear that the applicant has the right to preserve the priority of the preservation of property, that is to establish a system of compensation for property preservation. But only this principle is not enough, it should be clear that the perfect way is to improve the effectiveness of the priority from the priority of the right and the mortgage, pledge, lien.