关于特种债权之物权担保的否定性思考——兼论特种债权的优先效力

特种债权是指基于公法产生或者具有公法性质的一类债权债务关系,主要有税收、司法费用、劳动工资等.并不存在一个独立的具有担保物权性质的优先权,优先权担保特种债权的实现是一个伪命题.特种债权本身具有优先效力,其实现本质上属于债权法、程序法而非物权法的范畴.

A NEGATIVE CONSIDERATION ON THE GUARANTEE BY REAL RIGHTS FOR SPECIAL OBLIGATORY RIGHT: Also on the Prior Ualidity of Special Obligatory Right

The special obligatory right means a kind of debtor-creditor relationship which results from public law or with nature of public law. It includes taxes, judicial expenses, labor wages etc. There is not a independent priority with nature of real rights for security, and also it is a false proposition that special obligatory right should be guaranteed by it. The special obligatory itself has a prior validity, and its realization is a category which belongs to law of obligation and procedural law, not to real right law.