On The Priority Rules Of Judicial Applicable

Priority is an ancient, complex and living system, which originated from Roman law, and develops as an independent priority system in modern France, Japan, Italy and other countries. It is provided directly by the law of the special creditor to the debtor's general and specific property rights of priority for repayment. Priority system relates to social stability and people's livelihood, embodies the spirit of fairness and justice in the modern civil law, practices the real value of people foremost, concerns with the special features of public interest, the implementation of social policy, presided over the fair, and the expression of justice and so on. More important, it contains the basic idea of harmony. Therefore, the priority system is not only concerned with abstract equality between people, but also concerned with equality between people of a specific legal system, it is consistent with the trend of modern civil law.As socialist market of China economy became developed, the market economy has improved steadily and community stakeholders have increasingly diversified. It caused right conflict which is intensifying, and essential inequality phenomena in economic areas of life can be found anywhere. And our country is advocating building a socialist harmonious society, the real needs of the community justice is particularly important and urgent. Since neither the establishment of unified system of priority nor the establishment of sound alternative system, there is a huge demand for the priority system in times of rapid social change in China today. Therefore, we should take the legislation of France, Japan, Italy and other country's as models and at the same time we can use the Germany, Switzerland and other countries of legislative experience as reference, combined with our actual situation put the legislation into "Real Law" of China, so as to establish a set of consistent the actual situation in China and international practice, and easy to operate independent, united and harmonious system of Priority system. This article attempts to use economic analysis and comparative legal analysis and other methods, by exploring the concept of priority, nature and legal character, tries to demonstrate that priority rules applicable to the main principles of justice, of the judicial application of the cis-position and other invalidity restricted issues. I expect it can be useful for China's legal system construction.