Confidence and Logic Framework——Legislative Suggestion on the Right of Priority in Future Property Law of China

The draft of Property Law in China is now in a key stage. Accept-or-reject controversies on many property rights are largely existance, among which right of Priority is mostly vexed one. In this paper, author discusses legislative trend and value of Priority Right, points out that Priority Right is not a decadent institution instead of a widely accepted and ceaselessly evolving and updated one; Priority Right owns a unique and key legislative value and thus cannot be substituted by any other institution. Then, author further analyzes nature of Priority Right and status thereof in China Property Right Code; accordingly propose guidelines for option of category of Priority Right. In last part of this paper, issues on whether public credit can be protected via private law, the conflict and remediation of Priority Right and property right publicity,value option on equality and privilege in process of Priority Right legislation are discussed respectively.