Wang Liming, Ph.D in Law, Professor of Renmin University of China Law School, Research Fellow of the Research Center of Civil and Commercial Jurisprudence of Renmin University of China
Abstract：To rank competing interests in civil laws serves to resolve conflicts of private interests. In this paper,the author argues for a number of hierarchies. Namely, private rights, private interests that are enumerated by private laws, so to speak, should he prior to private interests; public interests prior to private interests, interests of personality prior to interests of property; interests of life and health prior to other interests of personality. The judiciary should be loyal to the value judgments made by the legislature whenever they exist. In cases of legislative loopholes，the judiciary ought to balance all competing interests and other relevant elements, e. g., life and health, human dignity, social economic order. When the judiciary ranks competing private interests by itself, it should follow the principle of proportionality. That is to say, the hierarchy serves to realize the interest claims to their best.
2014, Vol. 0 
