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我国没有统一的优先权制度,国内立法也没有类似的替代制度,国内的担保制度不能发挥优先权制度的特有的功能,一些基本的社会利益尤其是特别债权人的利益很难找到合适的制度加以保障,因而需要构建优先权制度来弥补立法的漏洞。至于我国是否应当规定优先权制度在理论界有正反两方面的观点,学界反对构建优先权制度的主要理由之一是优先权缺乏典型的公示性,因而就学界争议的优先权的公示方式有待进一步探讨。
There is no unified priority system in our country and there is no similar substitute system in the domestic legislation. The domestic guarantee system can not give play to the unique function of the priority system. Some basic social benefits, especially those of special creditors, are hard to find a suitable system to protect , So there is a need to construct a priority system to make up for the loopholes in legislation. As to whether our country should stipulate that the priority system should have both pros and cons in the theoretical circle, one of the main reasons that the academic circle opposes to construct the priority system is the lack of typical publicity of the priority, so the publicity of the priority of the academic controversy remains to be seen Further Discussion.