| The National People’s Congress(NPC)votes high at the meeting of the third session of the 13 th NPC,May 28,2020.The Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")was adopted by vote.The Civil Code made changes in the system and rules,the new amendments and additions were more extensive.Throughout the Civil Code of the real right of the fourth catalog,its and the property law of real rights for security in the number of provisions,system settings on the basic consistent,the former is a total of72 clauses,the latter for 71,on the system are divided into general provisions,mortgage,pledge,lien four parts,but if a careful study,it is not difficult to find that the Civil Code of property and rights guarantee rules have changed.In this subdivision,article 416 with a new face caused a fierce debate in the domestic academic circle,no matter in theory or in practice,the research on the mortgage right system of price stipulated in article 416 is just the beginning.Price Mortgage Rights led to the concept of " super priority ".Along with the continuous renewal of the market environment change,the business environment is developed,view from the financial market environment,the economy,we will find that the enterprise demand for capital and rely on more and more deep,in such circumstances,the introduction of the system was pushed to the vortex of public opinion,was taken to the legal practice and theory of opposites.Therefore,it is of great significance for the theoretical cognition,practical application of the code and the realization of functionalism embodied in the Civil Code to actively explore the basis of its legitimacy,analyze its establishment and continuing requirements,and judge the expansion and limitation of its priority effectiveness.Price Mortgage Rights is an introduction system in China.In the study of this system,it is necessary to explore the application situation of different practical problems through the establishment of the hypothesis of practical problems or possible practical problems,so as to further study the role of this system in practice. |