The priority comes from the roman law, be on growing the independent real right for security system, its Fortuna is in the civil code of all countries of system of civil law but not exhausted homology: France and Japan as representatives of some civil code of nationality stipulated this system, making it become the real right for security system in independent one member; But Taiwanese section in our countries and Germany as the representatives of another party in its civil code versus this system did not make the stipulation. Currently our country is stepping up to draw up the museum, to stipulate this system in re in the museum or not is a question. There's argument existing in theory and the schemes are inconsistent. At the same time, in civil law educational circles studies to the school of the priority system is after and result is also an extremely minute in our country. Obviously, In current the study status in quo of this system, can hardly satisfy the requirement for legislating Prioritice.The text try from the general school of the Priority system survey of and the evolution of instance of legislation, joining the civil life status and the state of the real right for security system, try to answer this important question in theory and practice whether the priority system should be stipulated or not, expecting to benefit the constitution of real right law in our country.The text is totally divided into three big components.The part mainly advances the survey to the general school of the priority system. The priority is an independent entity rectitude, having the ownership of property and being worth the power and hypothecating, and compared with other security interest the without book it has the obvious discrimination. The... |