As to who takes precedence over whom, the two are not comparable. The two are two concepts in different fields and cannot be compared in terms of priority. Criminal compensation refers to the compensation given to the parties when the public security organs, national security organs, procuratorial organs, judicial organs, prison management organs and their staff illegally exercise their powers, infringe upon the parties' rights to life and property, and cause damage. Mortgage right refers to the general term for the creditor's right to dispose of the mortgaged property at a price and to have priority in repayment in accordance with the law when the debtor fails to perform the debt when due or realizes the mortgage right as agreed by the parties. Article 36 of the Criminal Law: Compensation for economic losses and the principle of civil priority. If the victim suffers economic losses due to criminal acts, in addition to being given criminal punishment in accordance with the law, the criminal shall be sentenced to compensate for the economic losses according to the circumstances. If a criminal who bears civil liability for compensation is also sentenced to a fine and his property is insufficient to pay the entire fine or is sentenced to confiscation of property, he must first bear civil liability for compensation to the victim. Legal provisions:
Article 394 of the "Code of the People's Republic of China" To guarantee the performance of a debt, if the debtor or a third party does not transfer the possession of the property, the property shall be mortgaged to the When a creditor or debtor fails to pay due debts or the circumstances agreed by the parties to realize the mortgage rights occur, the creditor has the right to receive priority in repayment of the property. The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.